Strasbourg, 22 March 2011 pc cp\space\documents\ pc cp (2011) 3e PC CP (2011) 3 COUNCIL OF EUROPE ANNUAL PENAL STATISTICS SPACE I SURVEY 2009 MARCELO F. AEBI NATALIA DELGRANDE UNIVERSITY OF LAUSANNE, SWITZERLAND
2 Contents SURVEY BACKGROUND... 4 A. PRISON POPULATIONS... 6 A.1. GLOBAL INDICATORS OF PRISON POPULATIONS ON 1 ST SEPTEMBER 2009... 6 A.2. FLOW OF ENTRIES, LENGTH OF IMPRISONMENT, ESCAPES AND DEATHS IN 2008... 11 B. PRISON STAFF... 14 C. CONVENTIONS AND STATISTICAL MEASURES... 16 C.1. CONVENTIONS USED:... 16 C.2. MEASURES OF CENTRAL TENDENCY:... 16 D. DEMOGRAPHIC DATA... 17 E. DATA VALIDATION PROCEDURE... 18 STATISTICAL TABLES... 19 1. PRISON POPULATIONS: STATE OF PRISON POPULATIONS ON SEPTEMBER 1 ST, 2009... 20 I.1. GENERAL NOTES (INCLUDING LEGISLATIVE OR OTHER MEASURES WHICH DIRECTLY INFLUENCE TRENDS IN THE NUMBER OF PRISONERS)... 20 Table 1: Situation of penal institutions on 1 st September 2009... 26 Table 1.2: Categories included in the total number of prisoners... 27 Table 1.3: Capacity of penal institutions on 1 st September 2009 (by categories)... 29 NOTES TABLES 1, 1.2 AND 1.3... 30 Figure 1.a: Countries with the highest Prison Population Rates per 100 000 inhabitants (more than 100 prisoners per 100 000 inhabitants)... 38 Figure 1.b: Countries with prison population overcrowding (more than 100 prisoners per 100 places)... 38 Table 1.4: Evolution of prison populations between 2000 and 2009... 39 Table 1.5: Year to year rates of increase and decrease of prison population rates per 100,000 inhabitants between 2008 and 2009... 41 NOTES TABLES 1.4 AND 1.5... 41 Map 1: Prison population rates per 100,000 inhabitants... 42 Table 2: Age structure of prison population on 1 st September 2009: general breakdown by categories of age. 43 NOTES TABLE 2... 45 Table 2.1: Age structure of prison populations on 1 st September 2009: minors and persons between 18 and 21 of age... 49 NOTES TABLE 2.1... 50 Map 2: Breakdown of the age of criminal responsibility and percentages of prisoners less than 18 years of age in European countries... 51 Table 2.2: Median and Average ages of the prison population (including pre trial detainees) on 1 st September 2009... 52 Figure 2.a: Countries with the youngest (less than 35 years) prison population classified by decreasing median age... 52 Table 3.1: Structure of prison populations on 1 st September 2009: female prisoners... 53 NOTES TABLE 3.1... 54 Table 3.2: Structure of prison populations on 1 st September 2009: foreign prisoners... 55 NOTES TABLE 3.2... 56 Table 4: Legal status of prison populations on 1 st September 2009 (numbers)... 57 NOTES TABLE 4... 58 Table 5: Legal status of detainees not serving a final sentence on 1 st September 2009 (percentages and rates) 62 NOTES TABLE 5... 63 Table 6: Breakdown of sentenced prisoners (final sentence) on 1 st September 2009, by main offence (numbers)... 64 NOTES TABLE 6... 66 Table 7: Breakdown of sentenced prisoners (final sentence) on 1 st September 2009, by main offence (percentages)... 70 Table 8: Breakdown of sentenced prisoners (final sentence) on 1 st September 2009, by length of sentence (numbers)... 71
3 NOTES TABLE 8... 73 Table 9: Breakdown of sentenced prisoners (final sentence) on 1 st September 2009, by length of sentence (percentages)... 75 Table 10: Breakdown of sentenced prisoners (final sentence) on 1 st September 2009, by length of sentence (cumulative percentages)... 76 Table 11: Breakdown of prisoners sentenced to less than one year (final sentence) on 1 st September 2009, by length of sentence (percentages)... 77 NOTES TABLES 9, 10, AND 11... 78 Figure 2.b: Countries with the highest percentages of prisoners sentenced to less than one year... 78 2. PRISON POPULATIONS: FLOW OF ENTRIES, LENGTH OF IMPRISONMENT, ESCAPES AND DEATHS IN 2008... 79 Table 12.1: Flow of Entries to Penal Institutions in 2008... 79 Table 12.2: Additional categories of the Flow of Entries to Penal Institutions in 2008... 80 NOTES TABLES 12.1 AND 12.2... 81 Table 13.1: Indicator of Average Length of Imprisonment in 2008, based on the total number of days spent in penal institutions... 83 NOTES TABLES 13.1... 84 Table 13.2: Indicator of Average Length of Imprisonment in 2008, based on the total number of prisoners in penal institutions on 1 st September 2008... 85 Table 14: Escapes of prisoners in 2008... 86 NOTES TABLE 14... 87 Table 15.1: Deaths in Penal Institutions in 2008 (including suicides)... 89 Table 15.2: Types of deaths and suicides in Penal Institutions in 2008 making reference to the categories included/excluded in the figures of the Table 15.1... 90 NOTES TABLES 15.1 AND 15.2... 91 Table 16: Average amount spent per day of detention of one person in penal institutions in 2008 (in )... 92 NOTES TABLE 16... 94 3. PRISON STAFF... 96 Table 17: Full time and Part time Staff working in Penal Institutions on 1 st September 2009 on the basis of Full time equivalents (numbers)... 96 NOTES TABLE 17... 98 Table 18.1: Full time and Part time Staff working in Penal Institutions on 1 st September 2009 on the basis of Full time equivalents (percentages)... 101 Table 18.2: Full time and Part time Staff working INSIDE Penal Institutions on 1 st September 2009 on the basis of Full time equivalents (percentages)... 102 NOTES TABLES 18.1 AND 18.2... 103 Figure 3: Percentages of staff working INSIDE penal institutions (1 st September 2009) classified on the basis of the custodial staff... 103 Table 19: Staff working in Penal Institutions but not employed by the Prison Administration on 1 st September 2009 (numbers and percentages)... 104 NOTES TABLE 19... 106 Table 20: Rate of Supervision of Prisoners by Custodial Staff, Treatment and Educational Staff, and Staff responsible for workshops on 1 st September 2009... 108 NOTES TABLE 20... 109 LIST OF TABLES AND FIGURES:... 110
4 COUNCIL OF EUROPE ANNUAL PENAL STATISTICS SPACE I 2009 SURVEY ON PRISON POPULATIONS by Marcelo F. AEBI and Natalia DELGRANDE 1 Survey Background For the first time since the creation of the SPACE series in 1982, the 2009 SPACE I survey has been conducted using an electronic questionnaire for the data collection. The questionnaire was available on a restricted Website, and each national correspondent received a personal password in order to get access to it. The questionnaire could be filled in as many sessions as necessary. Once the questionnaire completed, data were exported automatically to a database, reducing thus the risk of human mistakes while introducing manually the data into the database. The questionnaire used for the 2009 survey is an updated version of the one introduced in the 2004 survey. The main goal of the modifications included since 2004 is to clarify precisely what is being counted in the statistics of each country. This implies collecting metadata on the national rules applied to collect data for prison statistics. In order to reach that goal, new questions were added in the questionnaire. The answers to these questions presented mainly in Table 1.2 suggest that cross national comparisons of prison population rates must be conducted cautiously as the categories included in the total number of prisoners vary from country to country. The same is true for cross national comparisons of deaths and suicides in penal institutions as well as for staff working in penal institutions. The modifications introduced to the questionnaire increase the reliability of the survey and should allow more accurate comparisons between the Member States of the Council of Europe. The main modifications introduced in the SPACE I 2008 and 2009 surveys are the following: In former SPACE questionnaires there was a slight difference between the French and the English definitions of assault and battery. While the English version referred to assault, the French version referred to assault and battery (coups et blessures volontaires). This problem has been solved and both versions refer now to assault and battery. Former SPACE questionnaires referred to rape, but an analysis of the answers received suggested that some countries were also including other sexual offences under that heading. As a consequence, sexual offences have now been divided in two categories: rape and other types of sexual offences. The following categories of offences have been added: economic and financial offences, terrorism and organised crime. 1 Marcelo F. Aebi, Professor of Criminology and Natalia Delgrande, Researcher: Institut de Criminologie et de Droit Pénal, École des Sciences Criminelles, University of Lausanne
5 Some clarifications were introduced in the definitions of other items such as counting units and dates of reference. The former category of mentally ill offenders has been divided in three subcategories: noncriminally liable prisoners, mentally ill offenders held in psychiatric institutions, and mentally ill offenders who are held in special sections of penitentiary institutions. Under the category of juvenile offenders held in special institutions, an additional question allows to get information on the number of the persons aged 18 and over. The item on the capacity of penal institution was completed with subcategories on sections/institutions designed for mentally ill offenders as well as on institutions for persons held in administrative detention. A new item on foreign prisoners who are citizens of Member States of the European Union has been added. Regarding the legal status of prisoners, two additional subcategories have been included: persons detained because of the revocation, suspension or annulment of the conditional release or probation and persons detained as a consequence of the conversion of a fine (fine defaulters). The category of entries to penal institutions has been completed with several detailed questions in order to separate transfers from the rest of the entries. The 2008 and the 2009 questionnaires have also been translated into Russian. The goals of the translation were to facilitate the completion of the questionnaire and the inclusion of comments on the particularities of the national data, and to increase the number of responses received and the reliability of the information included. Figures on prison population (stock) as well as on penitentiary staff relate to 1 st September 2009; while number of entries into penal institutions (flow), total number of days spent in them, and incidents (escapes, deaths and suicides) relate to the whole year 2008. The forty seven Member States of the Council of Europe in 2009 counted fifty two Prison Administrations under their control. Forty six of these Prison Administrations answered the 2009 SPACE I Questionnaire. The following Prison Administrations did not answer the survey: Austria, Bosnia and Herzegovina (State level of pre trial detention), Georgia, Greece, Montenegro, and Russian Federation. Austria: due to a technical problem the national correspondent received the questionnaire after the deadline. For this reason, Austria provided only three general figures of the stock. Bosnia and Herzegovina (State level) and Greece were unable to answer the questionnaire due to the lack of human resources to achieve the task. Montenegro (that became the 47 th Member State of the Council of Europe on May, 11, 2007) has not yet appointed a national correspondent responsible for answering the SPACE I questionnaire. Georgia and Russian Federation did not provide any explanation for not having answered the questionnaire. Data were not available for the following geopolitical entities: Northern Cyprus, Kosovo, Transdniestria, Abkhazia, South Ossetia and Nagorno Karabakh. The majority of countries answered the questionnaire on time, but in some cases the responses arrived only in January and February 2011. At the same time, for some of the countries that answered the questionnaire on time, the data validation procedure (see below, point E) took more than 8 months. Finally, for a few countries (and in particular for some specific figures) the data validation procedure could not be achieved. For this reason the non validated figures are presented between brackets.
6 A. Prison Populations Part A of the Survey includes global indicators of prison populations on 1 st September 2009 (Section A.1) as well as data on flow of entries, length of imprisonment, escapes and deaths for the whole year 2008 (Section A.2). In order to ensure as much as possible comparability across countries, some figures are included only in the raw data tables. This means that figures that did not seem to fit the definitions used in this questionnaire were not integrated in the tables that include calculations of rates and percentages. A.1. Global indicators of prison populations on 1 st September 2009 The situation of prison populations on a given date ("STOCK STATISTICS") is set in Tables from 1 to 11. This indicator varies in time under the influence of the number of entries and releases in/from penal institutions and the length of stays in these institutions. Table 1: Situation of penal institutions on 1 st September 2009 (a) Total number of prisoners (including pre trial detainees) (b) Number of detainees held in remand institutions/sections ( pre trials ) (c) Number of prisoners held in institutions serving a sentence (d) Prison population rate per 100,000 inhabitants: number of prisoners (including pre trial detainees) as of 1 st September 2009 in relation to the number of inhabitants at the same date (in view of the information available, the figures actually used are on 1 st January 2009) 2. (e) Capacity of penal institutions: number of places available in penal institutions (f) Surface area per prisoner (calculated in square meters), when provided (g) Prison density per 100 places: number of prisoners (including pre trial detainees) in relation to the number of places available in penal institutions. As a complement to Table 1, we include five supplementary tables and one map. Table 1.2: Categories included in the total number of prisoners The goal of this Table is to clarify the categories of persons held in different types of penal institutions that are being counted in the total number of prisoners. The Table includes the answers (Yes, No or NAP [not applicable]) to the question Does the total number of prisoners include the following categories? (1) Persons held in facilities that do not depend on the Prison Administration (police stations, non Ministry of Justice facilities or similar facilities) (2) Persons held in institutions/units for juvenile offenders (2.1) If the persons under point (2) are counted, how many of them are 18 years and over (3) Persons held in institutions/special sections for drugaddicted offenders (4) Offenders with psychological and/or psychotic disorders who were considered as non criminally liable Table 1.2 shows that the categories included in the total number of prisoners vary from country to country. As a consequence, international comparisons of prison population rates, as in Tables 1, cannot be regarded as unproblematic, and this must be borne in mind when using these Tables. 2 This indicator is sometimes referred to as detention rate, or prisoner rate, or imprisonment rate, but these terms are ambiguous. Therefore the Council of Europe has adopted the term prison population rate.
7 by the court, held in psychiatric institutions, hospitals or special sections inside penitentiary institutions (5) Offenders with psychological and/or psychotic disorders held in psychiatric institutions or hospitals in order to execute the main or the supplementary sanction (including sexual offenders) (6) Offenders with psychological and/or psychotic disorders held in especially designed sections insight penal institutions in order to execute the main or the supplementary sanction (including sexual offenders) (7) Asylum seekers or illegal aliens held for administrative reasons (7.1) If the persons under point (7) are counted, how many of them are held in centres/sections especially designated for this type of detention (8) Persons serving their sentence under electronic surveillance/ Electronic Monitoring (9) Persons detained in other types of institutions Table 1.3: Capacity of penal institutions on 1 st September 2009 (by categories) (a) Total capacity of penal institutions (b) Capacity of remand institutions/sections ( pre trials ) (c) Capacity institutions designed for serving a sentence (d) Capacity of institutions for juvenile offenders (e) Capacity of custodial hospitals/clinics/special sections (f) Capacity of institutions/special sections for the administrative detention (g) Capacity of other types of institutions Table 1.4: Evolution of prison populations between 2000 and 2009 This Table presents the total number of prisoners (including pre trial detainees) and the prison population rate per 100,000 inhabitants on 1 st September from 2000 to 2009. Data are taken from the relevant former SPACE I surveys. The Table indicates also the evolution (in percentages) of prison population rates between 2000 and 2009 as well as between 2008 and 2009. Table 1.5: Year to Year Rates of increase and decrease of prison population rates between 2008 and 2009 This Table shows the evolution of prison population rates between 2008 and 2009. Countries are classified in three categories according to the increase or decrease of their prison population rates between 1 st September 2008 and 1 st September 2008: (a) Increase of more than 5%; (b) Between 5% and +5%; (c) Decrease of more than 5%. Map 1: Prison population rates per 100,000 inhabitants on 1 st September 2009 This map presents the prison population rates in each Member State of the Council of Europe and allows a visual comparison of the official figures (non adjusted) for the whole European geographical area. All the rates presented on the map refer to the raw data of the Table 1. Table 2: Age structure of prison population on 1 st September 2009: general breakdown by categories of age: (a) Less than 14 years (g) From 30 to less than 40 years; (b) From 14 to less than 16 years; (h) From 40 to less than 50 years (c) From 16 to less than 18 years; (i) From 50 to less than 60 years (d) From 18 to less than 21 years; (j) From 60 to less than 70 years (e) From 21 to less than 25 years; (k) From 70 to less than 80 years (f) From 25 to less than 30 years; (l) 80 years and over Moreover, this table includes the category of the age of criminal responsibility applied in each Member State.
8 Table 2.1: Age structure of prison populations on 1 st September 2009: minors and persons between 18 and 21 of age: (a) Prisoners under 18 years of age (including pre trial detainees): number and percentage; (b) Prisoners between 18 and 21 years of age (including pre trial detainees): number and percentage. Map 2: Breakdown of the age of criminal responsibility and percentages of prisoners less than 18 years of age in European countries This map shows the minimum age of criminal responsibility across Europe and shows the percentage of juveniles held in penal institutions in each country. Table 2.2: Median and Average ages of the prison population (including pre trial detainees) on 1 st September 2009: This table includes the median and average values calculated by national Prison Administrations. An additional graph completes the raw data of the table with the distribution of the countries with youngest prison populations (distribution based on median values). Table 3.1: Female prisoners on 1 st September 2009 (a) Female prisoners (including pre trial detainees): number and percentage; (b) Of which: a. Female pre trial detainees; b. Female foreign prisoners. Table 3.2: Foreign prisoners on 1 st September 2009 (a) Foreign prisoners (including pre trial detainees): number and percentage; (b) Of which: a. Foreign pre trial detainees: number and percentage of foreign prisoners who are pre trial detainees. b. Foreign prisoners citizens of Member States of the European Union: number and percentage; c. Foreign juvenile (aged under 18) detainees: number and percentage. Table 4: Legal status of prison populations on 1 st September 2009 (numbers) (a) Untried prisoners (no court decision yet reached); (b) Prisoners convicted but not yet sentenced; (c) Sentenced prisoners who have appealed or who are within the statutory limits for doing so; (d) Sentenced prisoners (final sentence) Including: a. Persons detained for fine conversion reasons (fine defaulters) b. Persons detained against the revocation, suspension or annulment of the conditional release or probation (e) Other cases; (f) Total. Table 5: Legal status of prison populations on 1 st September 2009 (percentages and rates) Four indicators have been selected as a basis for comparing the situation of the prison populations across Europe: When there is no data available under heading (c) "sentenced prisoners who have appealed or who are within the statutory time limit for doing so" of Table 4, without any further information being provided, it is assumed that prisoners in that situation are included among those under heading (d) "sentenced prisoners, final sentence". In that case, both indicators are presented between brackets and must be interpreted
9 (a) Percentage of prisoners not serving a final sentence on 1 st September 2009 (often inaccurately referred to as percentage of unconvicted prisoners): the number of prisoners whose sentence is not final, present at that date, expressed as a percentage of the total number of prisoners at the same date; (b) Rate of prisoners not serving a final sentence per 100,000 inhabitants on 1 st September 2009: the number of prisoners whose sentence is not final, present at that date, in relation to the number of inhabitants at the same date expressed per 100,000 inhabitants. In order to calculate indicators (a) and (b), the number of prisoners not serving a final sentence is obtained by adding headings (a), (b), (c) and (g) of Table 4. (c) Percentage of untried prisoners (no court decision yet reached) on 1 st September 2009: the number of untried prisoners (not yet convicted), present at that date, expressed as a percentage of the total number of prisoners at the same date; (d) Rate of untried prisoners (no court decision yet reached) per 100,000 inhabitants on 1 st September 2009: the number of untried prisoners (not yet convicted), present at that date, in relation to the number of inhabitants at the same date expressed per 100,000 inhabitants. When there is no data available under heading (b) "prisoners convicted but not yet sentenced" of Table 4, without any further information being provided, it cannot be excluded that prisoners in that situation are included among those under heading (a) "untried prisoners (no court decision yet reached)". In that case, both indicators are presented between brackets and must be interpreted cautiously. In order to calculate indicators (c) and (d), only prisoners under heading (a) "untried prisoners (not yet convicted)" of Table 4 are taken into account. Table 6: Breakdown of sentenced prisoners (final sentence) on 1 st September 2009, by main offence (numbers) Table 7: Breakdown of sentenced prisoners (final sentence) on 1 st September 2009, by main offence (percentages) Tables 6 and 7 present the breakdown of prisoners with final sentence those under heading (d) of Table 4 according to the main offence for which they were convicted. The following breakdown is used: (a) Prisoners sentenced for homicide (including attempts); (b) Prisoners sentenced for assault and battery; (c) Prisoners sentenced for rape; (d) Prisoners sentenced for other types of sexual offences; (e) Prisoners sentenced for robbery; (f) Prisoners sentenced for other types of theft; (g) Prisoners sentenced for economic and financial offences; (h) Prisoners sentenced for drug offences; (i) Prisoners sentenced for terrorism (j) Prisoners sentenced for organised crime (k) Prisoners sentenced for other offences; (l) Total. Table 8: Breakdown of sentenced prisoners (final sentence) on 1 st September 2009, by length of the sentence (numbers)
10 Table 9: Breakdown of sentenced prisoners (final sentence) on 1 st September 2009, by length of the sentence (percentages) Tables 8 and 9 present the breakdown of prisoners with final sentence those under heading (d) of Table 4 according to the length of the sentence imposed on them. The following breakdown is used: (a) Prisoners sentenced to less than one month; (b) Prisoners sentenced to one month to less than three months; (c) Prisoners sentenced to three months to less than six months; (d) Prisoners sentenced to six months to less than one year; (e) Prisoners sentenced to one year to less than three years; (f) Prisoners sentenced to three years to less than five years; (g) Prisoners sentenced to five years to less than ten years; (h) Prisoners sentenced to ten years to less than twenty years; (i) Prisoners sentenced to twenty years and over; (j) Prisoners sentenced to life imprisonment; (k) Prisoners sentenced to death. Table 10: Breakdown of sentenced prisoners (final sentence) on 1 st September 2009, by length of the sentence (cumulative percentages) This Table presents the breakdown, expressed in cumulative percentages, of prisoners with final sentence those under heading (d) of Table 4 according to the length of the sentence imposed on them. The following breakdown is used: (a) Percentage of prisoners sentenced to less than one year; (b) Percentage of prisoners sentenced to one year and over (fixed term sentence); (c) Percentage of prisoners sentenced to three years and over (fixed term sentence); (d) Percentage of prisoners sentenced to five years and over (fixed term sentence); (e) Percentage of prisoners sentenced to ten years and over (fixed term sentence); (f) Percentage of prisoners sentenced to fixed term sentences; (g) Percentage of prisoners sentenced to life imprisonment; (h) Percentage of prisoners sentenced to death. Table 11: Breakdown of prisoners sentenced to less than one year (final sentence), on 1 st September 2009, by length of the sentence (percentages) This Table presents the breakdown, expressed in percentages, of prisoners sentenced to less than one year according to the length of the sentence imposed on them. The following breakdown is used: (a) Prisoners sentenced to less than one month; (b) Prisoners sentenced to one month to less than three months; (c) Prisoners sentenced to three months to less than six months; (d) Prisoners sentenced to six months to less than one year. Figure 2.b is to be used for a comparative view of the highest percentages of prisoners sentenced to less than one year. This figure is available as additional part to the Tables 10 and 11.
11 A.2. Flow of entries, length of imprisonment, escapes and deaths in 2008 Tables 12.1 to 15.2 show the number of entries into prison ( FLOW STATISTICS ), the length of imprisonment, and the number of escapes and deaths in penal institutions during the year 2008. Table 12.1: Flow of entries to penal institutions in 2008 (a) Total number of entries to penal institutions in 2008. This indicator is usually known as flow of entries ; (b) Rate of entries to penal institutions per 100,000 inhabitants: the number of entries in 2008, in relation to the average number of inhabitants during the same period; (c) Entries before final sentence: number and percentage; (d) Entries after the revocation, suspension or annulment of the conditional release or probation: number and percentage. Figures relate to the number of events (entries) and not to the number of individuals. The same individual may enter prison several times in the same year for the same case. This applies, for instance, to an individual who is placed in pre trial detention during year n (first entry), released by the prosecution authorities at the pre trial investigation stage, tried without being re detained, convicted and sentenced to a term of imprisonment exceeding the period of pre trial detention, and re imprisoned during the same year n to serve the remainder of the sentence (second entry). A fortiori, the same individual may enter prison several times in the same year for different cases. In the questionnaire, countries were asked to meet the following definition of entry: THE TERM "ENTRY" REFERS TO ALL ENTRIES INTO PENAL INSTITUTIONS, EXCEPT IN THE FOLLOWING SITUATIONS: ENTRY FOLLOWING TRANSFER FROM ONE PENAL INSTITUTION TO ANOTHER; ENTRY FOLLOWING THE PRISONER S REMOVAL FROM THE INSTITUTION IN ORDER TO APPEAR BEFORE A JUDICIAL AUTHORITY (INVESTIGATING JUDGE, TRIAL COURT, ETC); ENTRY FOLLOWING PRISON LEAVE OR A PERIOD OF AUTHORIZED ABSENCE; ENTRY FOLLOWING AN ESCAPE, AFTER RE ARREST BY THE POLICE. Only entries of untried prisoners (not yet convicted), prisoners convicted but not yet sentenced, or sentenced prisoners who have appealed or who are within the statutory time limit to do so are recorded under (c). This figure therefore corresponds to a subset of the entries recorded under (a). Entries for pre trial detention are included. Table 12.2: Additional categories of the Flow of entries to penal institutions in 2008 This Table includes three additional categories of entries that were not included Table 12.1: (a) Entries following transfer from one penal institution to another; (b) Entries following an escape, after the re arrest by the police; (c) Entries following transfer from a foreign country to the country responding the questionnaire. Of which: Entries following transfer from a Member State of the European Union to your country in 2008 (even if your country is a member of the EU) Table 13.1: Indicator of average length of imprisonment in 2008, based on the total number of days spent in penal institutions (a) Total number of days spent in penal institutions in 2008; (b) (c) Average number of prisoners in 2008: b = a / 366 (because 2008 was a leap year); Total number of entries to penal institutions in 2008 (flow of entries) = heading (a) of Table 12;
12 (d) Indicator of average length of imprisonment expressed in months (D): quotient of the average number of prisoners in 2008 (P) by the flow of entries during that period (E), multiplied by 12 (months): D = 12 (P / E). The figure under heading (a) corresponds to the total number of days spent in penal institutions by all persons placed in detention for at least one day during the reference year (2008). This may be time spent in pre trial detention or time spent serving a prison sentence, or may even correspond to other circumstances (detention for failure to pay a fine, for instance). No distinction is made here between those categories. This kind of data is usually prepared by the departments responsible for prison budgets and is used to calculate the average daily cost of imprisonment. By dividing the number of days of imprisonment by 365 (366 in leap years) we obtained the "average number of prisoners in the year" or the number of "prisoner years" (b), which constitutes probably the best possible indicator of the average number of prisoners present in the year. Table 13.2: Indicator of average length of imprisonment in 2008, based on the total number of days spent in penal institutions As some countries did not provide data regarding the total number of days spent in penal institutions in 2008 heading (a) of Table 13.1 and others provided figures that did not seem reliable (see Notes to Table 13.1), we have added Table 13.2 (Indicator of average length of imprisonment in 2008, based on the total number of prisoners on 1 st September 2008). In this Table, the indicator of the average length of imprisonment has been computed by using the total number of prisoners on 1 st September 2008 (source: SPACE 2008) instead of the total number of days spent in penal institutions. We have also used this indicator to work out other figures presented in Tables 14 and 15 (escape rate, mortality rate and suicide rate). Table 14: Escapes of prisoners in 2008 The Table includes two types of escapes: (a) Escapes by prisoners (convicted prisoners or pre trial detainees under the supervision of the prison administration) from a closed penal institution or during an administrative transfer (for example, to or from a court, another penal institution, or a hospital). In the SPACE questionnaire used for this survey it is clearly indicated that the counting unit is the person. In the event of a group breakout, the number of escapes is equal to the number of inmates involved. Relating the number of escapes to the total number of prisoners on 1 st September 2008 (used here as an estimate of the average number of prisoners) provided in SPACE I 2008 we obtain the rate of escapes per 10,000 prisoners: 10,000 X (a / total number of prisoners on 1 st September 2008). (b) Other forms of escape (absconding or running off): Examples are escapes from open institutions (such as work farms) or from semi detention, and escapes during an authorised short term absence (or leave) from all kinds of institutions (including closed institutions). We have not worked out the rate here, as that would lead to calculate the ratio of escapes (other forms) to the average number of prisoners without taking account of the proportion of inmates placed in "open institutions". Table 15.1: Deaths in penal institutions in 2008 (including suicides) (a) Total number of deaths in penal institutions; (b) Number of suicides; (c) Suicides as a percentage of total deaths: 100 (b / a)
13 Relating the total number of deaths in prison (a) and the number of suicides in prison (b) to the total number of prisoners on 1 st September 2008 (used here as an estimate of the average number of prisoners) provided in SPACE I 2008 we obtain respectively: (d) Mortality rate per 10,000 prisoners: 10,000 X (a / total number of prisoners on 1 st September 2008); (e) Suicide rate per 10,000 prisoners: 10,000 X (b / total number of prisoners on 1 st September 2008). Deaths of convicted prisoners and pre trial detainees while in hospital are included in this Table. Table 15.2: Types of deaths and suicides included in Table 15.1 The goal of this Table is to clarify which types of suicides are being counted. The Table includes the answers (Yes or No) to the following questions: (a) Does data include prisoners who died or committed suicide in prison hospitals? (b) Does data include prisoners who died or committed suicide in community hospitals? (c) Does data include prisoners who died or committed suicide outside prison (during a prison leave or a period of absence by permission)? Table 16: Average amount spent per day for detention of one person (pre trial and serving a sentence) in penal institutions 2008 year (in Euros) Figures included in this Table should allow comparisons of the costs of detention across Europe. No rigorous definition has been used in the questionnaire; therefore national particularities (e.g. the way in which costs are calculated) are indicated in the notes to the Table. Figures in national currencies other than Euro have been converted into Euro.
14 B. Prison Staff Part B of the Survey includes figures related to persons working in prisons or, more generally, in the penitentiary system. The Survey makes a distinction between staff working under the control of the National Prison Administrations and staff working under the control of any other authority. Data on the staff employed by the Prison administrations are presented without distinction between full time and part time staff. Full time equivalents (FTE) have been used as the counting unit for these tables. Table 17: Full time and part time staff working in penal institutions on the basis of full time equivalents on 1 st September 2009 (numbers) Table 18.1: Full time and part time staff working in penal institutions on 1 st September 2009: on the basis of full time equivalents (percentage) Table 18.2: Full time and part time staff working INSIDE penal institutions on 1 st September 2009: on the basis of full time equivalents (percentage) Tables 17 to 18.2 describe the situation of staff working in penal institutions on 1 st September 2009. The goal of these Tables is to count all staff engaged by the prison authorities. Respondents were asked to exclude persons working in penal institutions but not employed by the prison authorities (in some countries this applies to doctors, teachers or perimeter guards). Such employees are included in Table 19. Tables 17 and 18.1, 18.2 are structured with respect to the following categories: (a) Total (b) Staff at the national prison administration (Head Office) (c) Staff in regional prison administration offices (d) Other staff employed by the prison administration, but who work OUTSIDE penal institutions (e) Total number of staff working INSIDE penal institutions (f) Executives (managers) of penal institutions (g) Custodial staff, excluding staff already included in (f); (h) Medical and paramedical staff, excluding staff already included in (f) or (g); Respondents were asked to calculate the number of staff working part time on the basis of "full time equivalents". This means that when two people work half the standard number of hours, they count for one "full time equivalent". One half time worker should count for 0.5 of a full time equivalent. (i) Staff responsible for assessment and the psychologists excluding staff already included in (f) to (h) (j) Staff responsible for education activities (including social workers, teachers / educators, etc.) excluding staff already included in (g) to (i) (k) Staff responsible for workshops or vocational training excluding staff already included in (f) to (j) (l) Other staff working INSIDE penal institutions
15 Table 19: Staff working in penal institutions but not employed by the Prison Administration on 1 st September 2009 This Table presents the staff employed by institutions that are not under the control of the Prison Administration (i.e. staff not employed by the Prison Administration), but that is involved in the security, treatment, training or other activities developed in penal institutions placed under the prison administration authority. In some countries these categories do not exist. In others, doctors, teachers and perimeter guards may sometimes be employed by institutions that are not under the control of the prison authorities (for instance health authorities, departments of the Ministries of Education, Interior or Justice, or private security). Table 20: Supervision of prisoners (a) Total number of prisoners at 1 st September 2009: see Table 1. (b) Total number of custodial staff at 1 st September 2009: see Table 17. (c) Rate of supervision of prisoners (number of prisoners per custodian): c = a / b (d) Total number of treatment, education staff, and staff responsible for workshops. (e) Rate of supervision of prisoners (number of prisoners per other employee): e = a / d.
16 C. Conventions and Statistical Measures C.1. Conventions used: NAP *** The question is irrelevant; the item refers to a concept not found in the penal system of the country concerned. 0 The number is 0 but the concept exists in the penal system of the country concerned. NA (number) No figures available, but the concept exists in the penal system of the country concerned. When the data are shown in brackets this means that they are not strictly comparable with the data requested by SPACE I questionnaire. For example, this applies to items whose definition is not the same as the one used in the SPACE questionnaire. Or when the total number of analysed figure is less or equal to 10 individuals. When the questionnaire box is left blank or a symbol is used, whose meaning is not explicit (for example "/" or " "), we leave the box blank. All cases of divergence and additional comments provided by national correspondents have been grouped and explained in the notes to the Tables. C.2. Measures of central tendency: In Tables containing rates or percentages, we have used the following measures to describe the distribution of the data: Mean: the arithmetic mean is the outcome of dividing the sum of the data supplied by the total number of countries. The mean is sensitive to extreme values (very high or very low). Median: the median is the value that divides the data supplied by the countries concerned into two equal groups so that 50% of the countries are above the median and 50% are below it. The median is not influenced by very high or very low values. Minimum: the lowest recorded value in the given column of the Table. Maximum: the highest recorded value in the given column of the Table. For reasons of accuracy we have calculated the mean and median values from the original database, which contains all the decimals not presented in the tables. Readers who rework the calculations from the data in the tables which only contain one or two decimals will therefore obtain slightly different results than ours.
17 D. Demographic Data The rates presented in this report have been calculated using demographic data (total population of each European country on January 1 st, 2009), taken from the EUROSTAT Data Base ( Population on 1 st January by age and gender ): http://epp.eurostat.ec.europa.eu/portal/page/portal/statistics/search_database All these figures have been retrieved on December 13 th, 2010. Exceptions: When data provided for the questionnaire by national correspondents referred to a different territorial division than demographic data, we have used other sources (which are described below) for the latter. These exceptions concern the following countries and administrative areas: Bosnia and Herzegovina (Federation of Bosnia and Herzegovina): Demographic data are mid 2009 estimates. Data were retrieved from the Website of the Federal Office of Statistics (provisional data, nowadays not included in the annual report), available at: http://www.fzs.ba/dem/vital/vitalnaengl.htm (retrieved on December 13 th, 2010). Bosnia and Herzegovina (Republika Srpska): Demographic data are estimates. We made our estimation on the basis of official data for 2009 ( Demographic statistics. Statistical Bulletin no. 13, Republika Srpska Institute of Statistics, Banja Luka, 2010, p. 15), available at: http://www.rzs.rs.ba/publikdemeng.htm (December 13 th, 2010). France: Demographic data are estimates by the National Institute for Statistics and Economic Studies, INSEE (http://www.insee.fr/fr/ffc/figure/nattef02133.xls). They relate to the 1 st January 2009 and include the European territory of France (known as the Metropolitan France) as well as the French overseas departments (Guadeloupe, Martinique, Guiana and Reunion, known as DOM or Départements d Outre mer). Serbia: Demographic data exclude Kosovo and Metohija territories. Monaco: Demographic data are mid 2009 estimates. Data were retrieved from the Website of the U.S. Census Bureau: http://www.census.gov/ipc/www/idb/country.php. Spain (State Administration and Catalonia): Demographic data refer to 1 st January 2009. Data were retrieved on December 13 th, 2010, available for Spain at the Website of the National Statistics Institute of Spain: http://www.ine.es/jaxi/tabla.do, and for Catalonia, at the Official Statistics Website of Catalonia (IDESCAT), at: http://www.idescat.cat/en/poblacio/poblrecomptes.html United Kingdom (England and Wales, Northern Ireland, and Scotland): Demographic data are mid 2009 estimates by National Statistics Online. Data were retrieved on December 13 th, 2010, available (separately for the each administrative level) at: http://www.statistics.gov.uk/statbase/product.asp?vlnk=15106
18 E. Data Validation Procedure One of the goals of SPACE is to ensure data comparability on two levels: cross sectional and longitudinal. In order to reach this goal, special attention is given every year to the improvement of data validation techniques. According to the authors of the European Sourcebook of Crime and Criminal Justice Statistics (Strasbourg, Council of Europe, 1999), "validation is often the most important and in many cases the most forgotten stage of the data collection process". Thus, since the 2002 SPACE I survey, we have introduced a validation procedure for the data received. Such procedure substantially increases the workload of all the individuals and countries involved in the elaboration of SPACE. It also delays the publication of the data. However, we believe that the results obtained in other words, the improvements to the quality of the data justify its use. As part of the validation procedure, we produced a preliminary version of SPACE and a series of control Tables that revealed a number of inconsistencies in the data received from some countries. Those countries were contacted again by means of a telephone call or a personal letter sent by e mail or fax setting out the specific problems encountered in their data. In some cases, it was imperative to translate some information in order to avoid mistakes. Most of the countries corrected their figures, sent new ones for certain parts of the questionnaire, or indicated the reasons for the divergences identified. Such divergences are mainly due to differences in the national prison statistics systems as well as in criminal justice systems across Europe and are explained in the notes to the relevant Tables. Nevertheless, despite our efforts to identify errors and inconsistencies, some of them may still remain and others may have been introduced involuntarily during the data processing. Moreover, it has not always been possible to correct the inconsistencies discovered in a totally satisfactory way. In that context, any readers' comments, notes or criticisms are welcomed. Finally, the authors would like to thank all those who brought their support, advice, suggestions or knowledge of specific national features have contributed to the achievement of this report, in particular the national correspondents of each country included in it. A particular gratitude goes to Mr Roy Walmsley for providing us with missing figures and for his critical reading of our reports.
19 Statistical Tables
20 1. Prison Populations: State of Prison Populations on September 1 st, 2009 This part of the report presents statistical Tables, explanatory notes and maps concerning the general situation in European penal institutions. It also includes data on detention in different types of penal institutions as well as an analysis of the evolution of several indicators of the penitentiary systems across Europe. I.1. General Notes (including legislative or other measures which directly influence trends in the number of prisoners) ALBANIA: New legislations (the reference period is between 1 st September 2009 and 31 st August 2010): Inner Prison Regulations, for 21 penal institutions General Regulation of Prisons Individual pardons: 367 persons ANDORRA: New legislations: The Criminal Code and the Code of Criminal Procedure have been modified (they entered into force on October 3, 2008). ARMENIA: Amnesties: The act of amnesty entered into force on 19 th June 2009 Individual pardons: 8 persons. In Armenia the pardon is always an individual measure. AUSTRIA: New legislations: Strafrechtsänderungsgesetz entered into force in 2008, BGBl. I Nr. 109/2007, concerning release on parole. No other special information has been provided due to the fact that Austrian figures are not available for this year s report. AZERBAIJAN: New legislations: Act of 24 th June 2008 significantly improved the conditions of detention of persons serving life sentences. The number of visits increased. This category of prisoners have additional right of receiving packages throughout the year, telephone calls, the amount of money allowed for spending on a monthly basis. Have been cancelled restrictions on receiving vocational training. Access to television broadcasts has been allowed. Amnesties: The act of amnesty has been applied to 9,564 people, of which 8,604 were men and 960 women, including 23 juveniles. As a result of amnesty, were released 2,030 persons sentenced to prison, 137 persons sentenced to disciplinary measures and for 516 persons the remaining length of serving prison sentence was reduced by half. Were released 1,600 persons with sentences of restriction of freedom, 2,853 correctional works, 198 administrative work, and 1,860 persons who were unable to pay the fine due to their financial situation. Collective pardons: 99 sentenced persons were subjected to a collective pardon in 2009. BELGIUM: No measures (legislative or other) influencing directly the trends in the number of prisoners have been taken in the course of the last 12 months.
21 BOSNIA & HERZEGOVINA (BOSNIA AND HERZEGOVINA FEDERATION LEVEL): Changes in criminal law: Changes to the Law on execution of criminal sanctions in the Federation of Bosnia and Herzegovina published in the Official Gazette of FBiH no 12/09. Conditional release: 393 persons BOSNIA & HERZEGOVINA (BOSNIA AND HERZEGOVINA STATE LEVEL): Data are not available for this year s report. BOSNIA & HERZEGOVINA (REPUBLIKA SRPSKA ENTITY LEVEL): Individual pardons: 35 persons Conditional release: Conditional release approved by the RS Government's Commission was applied to 183 persons. Conditional release approved by the prison establishments governor (up to 3 months) was applied to 236 sentenced persons. BULGARIA: Changes in criminal law: In 2008 there were three changes in the Criminal Code (on 22 nd February 2008, 29 th July 2008, as well as in November 2008), and two changes in the Code of Criminal Procedure (5 th August 2008 and 23 rd December 2008). New legislations: New Law on Execution of Sentences entered into force on 1 st June 2008. Amnesties: 350 persons Individual pardons: 9 persons CROATIA: Data relate to 31 st December 2009 instead of 1 st September 2009 No measures (legislative or other) influencing directly the trends in the number of prisoners have been taken in the course of the last 12 months. CYPRUS: Prison population figures do not include the areas that not under the effective control of the Government of the Republic of Cyprus; New legislations: Law 116(I)/2008 was enacted in 2008, which modifies the Law on Prisons (Laws 62(I)/1996, 12(I)/1997 and 96(I)/2005). The 2008 law provides that a prisoner who has been convicted to a prison sentence longer than three months and shorter than four years and who has served at least half the length of his sentence, may request permission to serve part of his sentence on house arrest with the use of an electronic bracelet, for a period ranging from 15 days to 4 months. This law is enacted but not implemented yet. Collective pardons: 466 persons (given by the President of the Republic of Cyprus a Constitutional Right). Other: 3 transfers abroad and 6 transfers decided by the Supreme Court. CZECH REPUBLIC: New legislations: Waste of financial interests of the European Communities and participation transferred to him /herself or to another person or uses thing acquired by an act, which is punishable in the Czech Republic or in another country (the Act No. 140/1961, the Criminal Act, as amended by the Act No. 122/2008 Coll.) effective since July 1 st, 2008. Individual pardons: There is no data available on the pardons for prisoners (persons who did really spend a time imprisoned). In some cases there is no special mention if the person got the President s pardon after of before being imprisoned. Estimated number of individual pardons is 10 (on the basis of information available on www.hrad.cz).
22 DENMARK: New legislations and changes in criminal law: Amendment of the Danish Act on Enforcement of Sentences (Act no. 496 of 17 th June 2008 and Act. No. 500 of 17 th June 2008). The change allows serving the sentence at home under intensive surveillance and control (the electronic monitoring program). This concerns persons sentenced to prison for 3 months or less. The electronic monitoring program does not apply on persons sentenced to prison for two weeks or less for violation of the law on weapons and explosives unless the punishment is also given due to violation of other law(s) and the violation of the law on weapons and explosives has not had a significant impact on the length of the sentence. Act no. 319 of April 28 th, 2009: Implementation of The Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse. Necessary changes in the Danish Criminal Act in order to ratify the convention. Act no. 501 of June 12 th, 2009: Improved efforts to prevent gang crime etc. Increase of the maximum sentences for certain crimes related to illegal possession of weapons. Introduction of minimum sentences for certain crimes related to illegal possession of weapons. Increase of the sentences applied to persons convicted for certain severe crimes committed as part of gang encounters. ESTONIA: No measures (legislative or other) influencing directly the trends in the number of prisoners have been taken in the course of the last 12 months. FINLAND: Data relate to 1 st May 2009 instead of 1 st September 2009. Changes in criminal law: From 1 st June 2008, the law was changed concerning fine defaulters. Unpaid fines less than 120 Euros or 12 day fines are no longer converted into imprisonment. It is estimated that this change produced a decrease between 170 and 210 inmates on the daily prison population. FRANCE: General notes: Data relate to 1 st October 2009 instead of 1 st September 2009. Under the category of prisoners are also included persons serving their sentences under the electronic monitoring and those, who are in external placements (not hosted by the Prison Administration). Data relate to the European territory of France (known as Métropole) as well as to the French overseas territories (Guadeloupe, Martinique, French Guiana and Reunion, known as DOM or Départements d Outre mer). Changes in criminal law: several changes have been made on the Penitentiary Law New legislations: Law on criminal reoffending and Law on domestic violence GEORGIA: Data are not available for this year s report. GERMANY: Data relate to 31 st March 2009 instead of 1 st September 2009. No measures (legislative or other) influencing directly the trends in the number of prisoners have been taken in the course of the last 12 months. GREECE: Data are not available for this year s report.
23 HUNGARY: No measures (legislative or other) influencing directly the trends in the number of prisoners have been taken in the course of the last 12 months. ICELAND: No measures (legislative or other) influencing directly the trends in the number of prisoners have been taken in the course of the last 12 months. IRELAND: No measures (legislative or other) influencing directly the trends in the number of prisoners have been taken in the course of the last 12 months. ITALY: Data do not include juveniles. New legislations: Law nr.94 of 15 th July 2009, affecting the special prison regime of maximum security, so called "41 b". LATVIA: Changes in criminal law: Criminal Code was amended on 30 th October 2008, on 21 st May 2009 and on 16 th June 2009. New legislations: 2 nd September 2008, Cabinet of Ministers No.700 Amendments to Cabinet Regulations of 12 th October 1999 No.351 Regulations on the material assistance to persons who are released from the detention center. Prison administration do not provide a single benefit at the amount of State social security benefit to a person on its release date; 8 th September 2008, Cabinet of Ministers No.725 Procedures for establishing and closing of the convicted person's release fund and paying the accumulated money from the release funds ; 12 th May 2009, Cabinet of Ministers No.413 Amendment to the Cabinet of Ministers Regulations No. 423 30 May 2006 Custodial institution's internal rules of procedure : 88: After a sentence or a request of the sentenced person placed in a disciplinary cell, based on the regulatory legislation of criminal enforcement, prison administration gives this person an opportunity to write letters, except letters to individuals. Individual pardons: 33 persons. LIECHTENSTEIN: No measures (legislative or other) influencing directly the trends in the number of prisoners have been taken in the course of the last 12 months. LITHUANIA: Data relate to 1 st July 2009 instead of 1 st September 2009. Individual pardons: During the period from 1 st September 2008 to 31 st August 2009, there were 2 Presidential Decrees proclaimed granting pardon. As a result, 3 prisoners were pardoned from the service of the rest of the sentence and 4 prisoners had the term of their service reduced. LUXEMBOURG: Individual pardons: 328 persons, of which 8 were commutations of the sentence (for the year 2009).
24 MALTA: Individual pardons: 3 persons MOLDOVA: Data relate to the Republic of Moldova, without taking into account Transdniestria. Changes in criminal law: The law No 277 XVI of Moldova, from 18 th December 2008 on Introducing changes and completions in the criminal law of the Republic of Moldova. Amnesties: The law No 188 XVI of Moldova, from 10 th July 2008, on Amnesty in relation with the proclamation of 2008 year the Year of Youth. Collective pardons: 18 persons MONACO: No measures (legislative or other) influencing directly the trends in the number of prisoners have been taken in the course of the last 12 months. NETHERLANDS: In Table 1, figures refer to the total number of prisoners: 16,284 (see the breakdown of the general category in the notes to Tables 1, 1.2 and 1.3). In the rest of the Tables, figures refer only to prisoners held in penal institutions for adults (11,629). No measures (legislative or other) influencing directly the trends in the number of prisoners have been taken in the course of the last 12 months. NORWAY: Electronic monitoring (EM) introduced. The system has gradually been taken in use with a capacity of 150 (September 2010). EM is used only on convicted persons and may be employed as both "front door" and "back door". POLAND: Data relate to 31 st December 2009 instead of 1 st September 2009. Changes in criminal law: Article of 9 th October 2009 concerning the change in the Executive Penal Code New legislations: Article of 18 th June 2009 concerning the monitoring of convicts with status "dangerous". PORTUGAL: Data relate to 31 st December 2009 instead of 1 st September 2009. Changes in criminal law: Law no 115/2009 of 12 th October approving the Code of the Execution of Custodial Sanctions and Measures ROMANIA: Individual pardons: 5 persons RUSSIAN FEDERATION: Data are not available for this year s report. SAN MARINO: No measures (legislative or other) influencing directly the trends in the number of prisoners have been taken in the course of the last 12 months. REPUBLIC OF SERBIA: Individual pardons: 29 persons
25 SLOVAKIA: One change made in criminal law (no special details provided). SLOVENIA: No measures (legislative or other) influencing directly the trends in the number of prisoners have been taken in the course of the last 12 months. SPAIN (NATIONAL ADMINISTRATION): Data do not include juveniles. Collective pardons are forbidden by Spanish Constitution. No relevant data are available on the number of Individual pardons. SPAIN (CATALONIA): Individual pardons: 1 person SWEDEN: Data relate to 1 st October 2009 instead of 1 st September 2009. No measures (legislative or other) influencing directly the trends in the number of prisoners have been taken in the course of the last 12 months. SWITZERLAND: Data relate to 2 nd September 2009 instead of 1 st September 2009. THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA: Individual pardons: 31 persons Collective pardons: 82 pronounced Conditional releases: 787 persons and 56 persons released by a court decision. TURKEY: No measures (legislative or other) influencing directly the trends in the number of prisoners have been taken in the course of the last 12 months. UKRAINE: Data relate to 1 st July 2009 instead of 1 st September 2009. Changes in criminal law: Law of Ukraine N 270 VI from 15 th April 2008 On Introducing Amendments to the Criminal Code and the Criminal Procedure Code of Ukraine as to Humanization of Criminal Liability UK ENGLAND AND WALES: Data relate to 30 th June 2009 instead of 1 st September 2009. Individual pardons: 1 person. Abolition of End of Custody licence (saved 1,200 prison places), and compassionate release granted in about 20 cases. UK NORTHERN IRELAND: Data relate to 27 th August 2009 instead of 1 st September 2009. The Prisons Young offenders Centre (Amendment) Rules (Northern Ireland) 2009 (SR2009 No 429) 1 st February 2010. UK SCOTLAND: No measures (legislative or other) influencing directly the trends in the number of prisoners have been taken in the course of the last 12 months.
26 Table 1: Situation of penal institutions on 1 st September 2009 Country Population on 1st January 2009 (thousands) Total number of prisoners (including pre trial detainees) Total number of detainees held in remand institutions /sections ( pretrials ) Total number of prisoners held in institutions serving a sentence Reference: Council of Europe, SPACE I 2009.1 Prison population rate per 100,000 inhabitants Total capacity of penal institutions Surfa ce area per priso ner (m 2 ) Prison density per 100 places Albania 3 184.7 4 482 1 507 2 975 140.7 4 340 103.3 Andorra 84.5 68 29 39 80.5 125 54.4 Armenia 3 238.0 3 989 1 088 2 901 123.2 4 396 90.7 Austria 8 355.3 8 423 1 983 5 542 100.8 Azerbaijan 8 896.9 20 470 2 765 17 708 230.1 26 351 77.7 Belgium 10 753.1 10 901 3 167 5 639 101.4 8 490 128.4 BH: Fed. BiH 2 852.0 1 619 247 1 372 56.8 1 680 4 96.4 BH: Rep. Srpska 1 435.2 961 187 774 67.0 1 121 85.7 Bulgaria 7 606.6 10 028 1 665 8 363 131.8 10 564 4 94.9 Croatia 4 435.1 4 891 1 212 3 679 110.3 3 501 4 139.7 Cyprus 796.9 883 373 510 110.8 597 147.9 Czech Republic 10 467.5 22 021 2 373 19 648 210.4 19 384 113.6 Denmark 5 511.5 3 721 1 426 2 295 67.5 4 085 91.1 Estonia 1 340.4 3 555 836 2 719 265.2 3 656 97.2 Finland 5 326.3 3 589 NAP 67.4 3 545 101.2 France 64 321.4 66307 15602 50705 103.1 53 764 123.3 Georgia 4 385.4 19 825 452.1 Germany 82 002.4 73 263 11 385 61 387 89.3 79 436 92.2 Greece 11 260.4 11 080 98.4 Hungary 10 031.0 16 459 5 034 11 117 164.1 12 335 133.4 Iceland 319.4 118 37 81 36.9 91 129.7 Ireland 4 450.0 3 919 569 3 339 88.1 4 008 97.8 Italy 60 045.1 63 981 52 293 10 056 106.6 43 159 148.2 Latvia 2 261.3 6 999 1 992 5 007 309.5 7 970 3 87.8 Liechtenstein 35.6 7 2 2 19.7 20 35.0 Lithuania 3 349.9 8 295 1 679 6 616 247.6 9 062 91.5 Luxembourg 493.5 679 263 385 137.6 701 96.9 Malta 413.6 494 316 178 119.4 480 102.9 Moldova 3 567.5 6 769 2 274 4 495 189.7 9 250 73.2 Monaco 31.0 23 NAP NAP 74.2 81 28.4 Montenegro 630.1 986 156.5 Netherlands 16 485.8 16 284 5 467 6 162 98.8 13 822 79.2 Norway 4 799.3 3 285 782 2 503 68.4 3 582 91.7 Poland 38 135.9 84 003 9 460 74 543 220.3 84 490 99.4 Portugal 10 627.3 11 099 NAP NAP 104.4 11 921 93.1 Romania 21 498.6 27 028 3 946 23 082 125.7 34 199 79.0 Russian Federation 141 904.0 880 671 620.6 San Marino 31.3 2 1 1 6.4 12 6 16.7 Serbia 7 334.9 10 262 2 505 7 757 139.9 6 500 157.9 Slovak Republic 5 412.3 9 170 1 759 7 411 169.4 10 348 88.6 Slovenia 2 032.4 1 365 340 990 67.2 1 098 124.3 Spain (State Adm.) 39 270.4 67 986 14 132 53 854 173.1 44 434 153.0 Spain (Catalonia) 7 475.4 10 356 2 185 8 171 138.5 10 987 94.3 Sweden 9 256.3 7 147 1 420 241 77.2 6 913 103.4 Switzerland 7 701.9 6 084 1 888 3 603 79.0 6 683 91.0 The FYRO Macedonia 2 048.6 2 461 254 2 207 120.1 2 395 102.8 Turkey 71 517.1 116 340 40 111 75 429 161.6 104 650 110.4 Ukraine 45 963.4 146 394 36 474 109 920 318.5 157 984 92.7 UK: England & Wales 54 809.1 83 454 13 456 68 488 152.3 84 962 98.2 UK: Northern Ireland 1 788.9 1 456 541 915 81.4 1 775 82.0 UK: Scotland 5 194.0 8 113 1 589 6 524 156.2 7 600 106.8 Mean 143.8 98.4 Median 119.4 96.6 Minimum 6.4 16.7 Maximum 620.6 157.9
Table 1.2: Categories included in the total number of prisoners Does the total number of prisoners include the following categories? (1) Persons held in facilities that do not depend on the Prison Administration (police stations, non Ministry of Justice facilities or similar facilities) (2) Persons held in institutions/units for juvenile offenders (2.1) If the persons under point (2) are counted, how many of them are 18 years and over (3) Persons held in institutions/special sections for drug addicted offenders (4) Offenders with psychological and/or psychotic disorders who were considered as non criminally liable by the court, held in psychiatric institutions, hospitals or special sections inside penitentiary institutions (5) Offenders with psychological and/or psychotic disorders held in psychiatric institutions or hospitals in order to execute the main or the supplementary sanction (including sexual offenders) (6) Offenders with psychological and/or psychotic disorders held in especially designed sections inside penal institutions in order to execute the main or the supplementary sanction (including sexual offenders) (7) Asylum seekers or illegal aliens held for administrative reasons (7.1) If the persons under point (7) are counted, how many of them are held in centres/sections especially designated for this type of detention (8) Persons serving their sentence under electronic surveillance/ Electronic Monitoring (9) Persons detained in other types of institutions Country (1) How many? (2) How many? (2.1) (3) How many? (4) How many? (5) How many? (6) How many? (7) Reference: Council of Europe, SPACE I 2009.1.2 How How How (7.1) (8) (9) many? many? many? Albania No *** Yes 389 329 Yes 144 Yes 83 No *** Yes 279 No *** No *** No *** Andorra NAP *** NAP *** NAP *** No *** No *** No *** No *** No *** NAP *** Armenia No *** No *** No *** No *** No *** No *** No *** Azerbaijan Yes 10 557 Yes 49 10 Yes 114 Yes NA NAP *** Yes 40 Yes 410 410 NAP *** NAP *** Belgium No *** Yes 47 5 NAP *** Yes 1 034 Yes 165 Yes NA Yes 26 0 Yes 895 NAP *** BH: Fed. BiH Yes 2 Yes 13 9 No *** Yes 22 No *** Yes 22 No *** No *** No *** BH: Rep. Srpska NAP *** Yes 3 NAP *** Yes 0 NAP *** NAP *** NAP *** NAP *** NAP *** Bulgaria No *** Yes 57 NAP No *** No *** No *** No *** No *** No *** No *** Croatia No *** Yes 116 66 No *** No *** No *** Yes 183 No *** No *** No *** Cyprus Yes 219 NAP *** NAP *** NAP *** NAP *** NAP *** NAP *** NAP *** NAP *** Czech Republic NAP *** Yes 225 NA Yes 339 NAP *** NAP *** Yes 252 NAP *** NAP *** Yes 2 Denmark No *** No *** No *** No *** No *** Yes NA No *** No *** No ***
28 Country (1) How many? (2) How many? (2.1) (3) How many? (4) How many? (5) How many? (6) How many? (7) How many? (7.1) (8) Estonia Yes 304 Yes 150 136 NAP *** NAP *** NAP *** NAP *** NAP *** Yes 182 NAP *** Finland No *** NAP *** Yes NA No *** Yes NA Yes NA No *** Yes 89 No *** France No *** Yes 198 1 No *** No *** No *** No *** No *** Yes 3 984 No *** Germany No *** Yes 7 909 6 837 No *** No *** No *** Yes 1 814 No *** No *** No *** Hungary No *** Yes 927 216 No *** Yes 181 No *** Yes 317 No *** NAP *** Yes 28 Iceland Yes 596 Yes 36 Yes No *** NAP *** No *** Ireland No *** Yes 95 0 NAP *** NAP *** NAP *** NAP *** Yes 11 0 No *** No *** Italy No *** No *** Yes 15 346 Yes 1 881 NAP *** No *** No *** NAP *** Latvia No *** Yes 157 24 No *** No *** No *** Yes 30 Yes 99 NAP NAP *** NAP *** Liechtenstein No *** No *** No *** No *** No *** No *** Yes 1 NAP No *** No *** Lithuania No *** Yes 200 36 No *** No *** No *** No *** No *** NAP *** No *** Luxembourg No *** No *** No *** No *** No *** No *** Yes 20 0 Yes 20 No *** Malta NAP *** Yes 29 3 Yes 39 Yes 37 Yes 37 NAP *** NAP *** NAP *** NAP *** Moldova No *** Yes 50 15 NAP *** NAP *** NAP *** NAP *** NAP *** NAP *** NAP *** Monaco NAP *** NAP *** NAP *** NAP *** NAP *** NAP *** NAP *** NAP *** Netherlands No *** No *** Yes 741 No *** Yes 226 Yes 390 No *** Yes 385 No *** Norway No *** NAP *** No *** No *** No *** No *** No *** No *** No *** Poland No *** No *** No *** No *** No *** Yes 1 642 No *** Yes NA No *** Portugal NAP *** Yes 213 211 NAP *** Yes 250 No *** No *** No *** NAP *** NAP *** Romania No *** Yes 567 441 No *** NAP *** Yes 2 921 No *** No *** NAP *** Yes 154 San Marino NAP *** No *** No *** NAP *** NAP *** NAP *** No *** NAP *** NAP *** Serbia No *** Yes 255 81 Yes 114 Yes 257 No *** No *** No *** No *** No *** Slovak Republic Yes 29 Yes 96 0 Yes 895 No *** NAP *** Yes 640 Yes 108 108 NAP *** NAP *** Slovenia No *** Yes 28 28 No *** No *** No *** Yes NA No *** No *** No *** Spain (State Adm.) No *** No *** Yes 12 847 Yes 567 Yes NA Yes NA No *** Yes 1 834 NAP *** Spain (Catalonia) No *** No *** Yes 80 Yes 63 No *** Yes 91 NAP *** Yes 56 Yes 142 Sweden No *** No *** No *** No *** No *** No *** No *** Yes No *** Switzerland No *** Yes 77 23 No *** No *** No *** Yes NA Yes 411 200 No *** No *** FYRO Macedonia No *** Yes 66 50 No *** No *** No *** No *** No *** No *** No *** Turkey Yes NA Yes 1 035 233 Yes NA Yes NA Yes NA Yes NA Yes NA NAP *** Yes NA Ukraine NAP *** Yes 1 523 579 No *** Yes NAP *** No *** NAP *** UK: Engl. & Wales NAP *** Yes 2 333 235 No *** No *** No *** No *** Yes 1 950 NA No *** No *** UK: North. Ireland No *** No *** No *** No *** No *** No *** Yes 4 0 No *** No *** UK: Scotland No *** Yes 1 042 873 NAP *** No *** No *** No *** No *** No *** No *** How many? (9) How many?
29 Table 1.3: Capacity of penal institutions on 1 st September 2009 (by categories) Country Total capacity of penal institutions Capacity of remand institutions/ sections ( pre trials ) Capacity of institutions designed for serving a sentence Reference: Council of Europe, SPACE I 2009.1.3 Capacity of Capacity of institutions/ Capacity of custodial Capacity of special institutions hospitals/ other types sections for for juvenile clinics/ of the offenders special institutions administr. sections detention Albania 4 340 1 177 2 829 NAP 334 NAP NAP Andorra 125 52 67 6 0 0 0 Armenia 4 396 900 3 072 424 Azerbaijan 26 351 4 342 15 850 232 1 750 127 4050 Belgium 8 490 NA NA 50 NA NAP NAP BH: Fed. BiH 1 680 312 1 311 35 22 NA NA BH: Rep. Srpska 1 121 285 800 36 NA NA 0 Bulgaria 10 564 1 824 8 382 358 240 NAP NAP Croatia 3 501 1 647 1 597 150 107 NAP NAP Cyprus 597 314 265 18 NAP NAP NAP Czech Republic 19 384 2 564 16 338 210 224 NAP 48 Denmark 4 085 1 706 2 379 NAP NAP NAP NAP Estonia 3 656 1 257 2 203 196 105 NAP NAP Finland 3 545 NAP 3 455 NAP 90 NAP NAP France 53 764 32 643 24 825 296 NAP NAP NAP Germany 79 436 70 733 7 700 1 003 Hungary 12 335 2 736 9 599 512 NA NAP Iceland 91 NA NA NA Ireland 4 008 454 3 554 101 0 0 0 Italy 43 159 33 648 8 319 NAP 1 101 NAP 91 Latvia 7 970 1 963 5 487 320 200 NA NA Liechtenstein 20 Lithuania 9 062 1 334 7 442 167 119 NAP NAP Luxembourg 701 306 395 NA 0 27 NAP Malta 480 NAP NAP 36 NAP NAP NAP Moldova 9 250 2 780 6 470 109 342 30 NA Monaco 81 81 NAP NAP NAP Netherlands 20 571 7 093 6 019 1 839 1 362 2 808 NAP Norway 3 582 NAP NAP NAP NAP NAP NAP Poland 84 490 76 452 NAP 1 103 NAP 6935 Portugal 11 921 NAP NAP 347 195 NAP NAP Romania 34 199 4 039 27 394 723 1 570 NAP 473 San Marino 12 12 NAP NAP NAP Serbia 6 500 1 700 3 900 300 300 200 100 Slovak Republic 10 348 2 389 7 959 122 166 NAP NAP Slovenia 1 098 246 774 78 NAP NAP NAP Spain (State Adm.) 44 434 NA NA NA 411 NA NAP Spain (Catalonia) 10 987 2 000 8 987 1 702 144 Sweden 6 913 NA NA NA NA NA NA Switzerland 6 683 NA NA NA NA NA NA the FYRO Macedonia 2 395 440 1 766 40 149 NAP NAP Turkey 104 650 NA 102 956 1 694 NA NA NA Ukraine 157 984 37 673 109 885 2 784 7 642 NAP NAP UK: England & Wales 84 962 NA NA 3 527 NA NA NA UK: Northern Ireland 1 775 UK: Scotland 7 600 NAP NAP NAP NAP
30 Notes Tables 1, 1.2 and 1.3 Table 1 must be read taking into account that some countries were unable to provide data on September 1 st. In such cases, the relevant reference day is indicated in the following notes. The reader should also be aware that statistical counting rules vary across Europe and such diversity influence the way in which the total number of prisoners and the capacity of penal institutions are calculated in each country. Table 1.2 bring a more accurate distribution of the different categories of persons held in penal institutions (or institutions designed for detention of the persons managed by criminal justice system). Table 1.3 presents information collected for the first time this year. The main goal of these data is to allow a more accurate calculation of the prison density and of the prison overcrowding. ALBANIA: Table 1.3 (Capacity of institutions for juvenile offenders): The institution for juvenile offenders was opened in October 2009. Until September 2009, juvenile offenders were held in separate sections within penal institutions. AZERBAIJAN: Table 1: The surface area is 4m 2 /prisoner in penal institutions and 5m 2 /prisoner in medical treatment institutions. Table 1.2: Point (3): 114 persons held in the special unit for drug treatment managed by the Prison Administration; Point (4): Are included persons with psychological of psychiatric disorders, recognised by the court as non criminally liable, who are held in psychiatric institutions under the authority of the Ministry of Health; Point (6): Separate statistics on sex offenders are not available. BELGIUM: Table 1: Under the points Total number of detainees in remand institutions/sections (pretrials) and Total number of prisoners held in institutions serving a sentence are counted persons who are de facto held in these institutions and not the theoretical distribution intended for these types of institutions, pre trial detention and places for serving a sentence respectively. Table 1.2: Points (2) to (9): Are included persons held in institutions which are under direct control of the Prison Administration. BOSNIA & HERZEGOVINA (BOSNIA AND HERZEGOVINA STATE LEVEL): BiH State level only includes pre trail detainees who are held in the State level pre trail detention unit. There is no State level prison for sentenced persons, they are held in the Federation and Republika Srpska prisons as an interim solution until the State prison is built in 2012. State pre trial detention unit has the capacity of 21 cells. If the state court (whose purposes this detention unit serves) has more detainees, then they must be referred to entity establishments (BiH: Fed. and BiH: RS). Besides these ''state'' pre trial detainees, entity establishments also hold ''entity'' pre trial detainees, referred to serve detention by entity courts. BOSNIA & HERZEGOVINA (REPUBLIKA SRPSKA ENTITY LEVEL):
31 Table 1: Total number of prisoners includes also information on persons sentenced by both, the State level courts and Entity level courts. Total capacity of penal institutions has been calculated by using the surface area, which is 4m 2 /prisoner. Same surface area is used on the BiH: Fed. level. Table 1.3: Capacity of the institutions for juvenile offenders is included in the total capacity of institutions intended for the enforcement of prison sentence. Capacity of the juvenile prison is 20, and the capacity of the correctional educational facility for juveniles is 16 places. BULGARIA: Table 1: The average surface area is 4m 2 per prisoner. The surface area is between 4 and 6m 2 per prisoner in open type of penitentiary institutions, in the female prison and the Reformatory in Bojchinovtsi. Table 1.3: The capacity of 240 places in custodial hospitals/clinics/special sections is not included in the total capacity of penal institutions. CROATIA: Data relate to 31 st December 2009 instead of 1 st September 2009 Table 1: Surface area foreseen per prisoner is 4m 2. Table 1.3: Total capacity of remand institutions (14 prisons/jails) is 1,647 places which are designed for "pre trials" (primary) and for a serving sentence. CYPRUS: Table 1: In the total number of prisoners (883) are included the following categories: o Total number of prisoners (including pre trial detainees): 670 in the prison institution and 213 in police stations o Total number of detainees held in remand institutions/sections ( pre trials ): 160 in the prison institution and 213 in police stations Table 1.2: o Point (1): 6 prisoners under the protection witness program held in a separate facility from the prison institution and 213 persons held in police stations Table 1.3: o Places in police stations are included in the total capacity of penal institutions. The number of places available is 597, of which: 340 in the prison institution and 257 in police stations o Capacity of remand institutions/sections ( pre trials ): 57 in the prison institution and 257 in police stations Total capacity of penal institutions has been calculated by using the surface area, which is 7m 2 /prisoner. CZECH REPUBLIC: Table 1: Total capacity of penal institutions has been calculated by using the surface area, which is 4m 2 /prisoner. Table 1.2: Points (3) and (6): Data relate to 25 th August 2009 instead of 1 st September 2009 Point (9): The preventive detention institution for very dangerous offenders. Table 1.3: Under the category Capacity of custodial hospitals/clinics/special sections are counted places in prison hospitals; Under the category of Capacity of other types of institutions are counted places in the preventive detention institution.
32 DENMARK: Table 1.3: Places included under Capacity of remand institutions/sections (pre trials) are primarily used for remand detainees. ESTONIA: Table 1.3: Places foreseen under the category Capacity of remand institutions/sections (pre trials) may also be used for sentenced prisoners. The number of places under the category Capacity of custodial hospitals/clinics/special sections in not included in the total capacity of penal institutions. FINLAND: Figures are on 1 st May 2009 instead of 1 st September 2009. Table 1.2: Point (8): Backdoor monitoring FRANCE: Figures are on 1 st October 2009 instead of 1 st September 2009. Table 1: On 1 st October 2009, 61,781 persons had status écrouées détenues (those, who were held de facto in penal institutions). This figure should be used when calculating the occupancy rate per number of places in penal institutions. 66,307 persons had status écrouées, but 4,526 of them were placed under Electronic Surveillance or external placement (outside penal institutions), so non hosted by Prison Administration. All figures presented in this report are on the persons held inside penal institutions (managed by Prison Administration). Table 1.3: The capacity of penal institutions is calculated for the detention institutions (hosting persons inside penal institution, without considering external placements). The capacity includes places for persons in pre trial detention as well as for those who serve a prison sentence. GEORGIA: Table 1: The total number of prisoners has been provided by Mr Roy Walmsley from The International Centre for Prison Studies (World Prison Brief): www.prisonstudies.org, and relate to 31 st August 2009 instead of 1 st September 2009. GERMANY: Figures are on 31 st March 2009 instead of 1 st September 2009. Table 1: Total number of prisoners includes 491 persons under preventive measures. Table 1.3: The number of places foreseen for pre trial detention and the number of places in institutions designed for serving sentences are presented together. The main reason is that some of 16 Bundesländer were unable to provide separate statistics. Nevertheless, persons serving a sentence and those who are in pre trial detention are held in separately. GREECE: Table 1: The total number of prisoners has been provided by Mr Roy Walmsley from The International Centre for Prison Studies (World Prison Brief): www.prisonstudies.org. HUNGARY: Table 1.2: Point (9): Büntetés végrehajtás Központi Kórháza Central Hospital of the Prison Service Table 1.3:
33 The number of places under Capacity of custodial hospitals/clinics/special sections is not presented in the table, and not included in the total capacity of penal institutions. Nevertheless, the number of places designed for the in hospitals, medical facilities is known: Central Hospital (Tököl) 297 beds Psychiatric Clinic 311 beds Nagyfa Rehabilitation Unit 80 beds The number of places under Capacity of institutions for juvenile offenders (512 places) is not included in the total capacity of penal institutions. ICELAND: Table 1.3: The surface area varies between 6 and 13m 2 /prisoner. There is no distribution presented for different categories as the detention is organised within the same institution. IRELAND: Table 1.3: The places under Capacity of institutions for juvenile offenders are not included in the total capacity of penal institutions, because this figure (101 places) represents only detention schools. Persons in remand detention can be held in any closed prison. ITALY: Table 1.2: Point (2): Figures are on 30 th June 2009 instead of 1 st September 2009. Points (4) and (5): These figures are presented together as it s impossible to keep them separately. The common name used for the both categories is internees. LATVIA: Table 1: The norm for living space in prisons for one convicted person in hostel type premises shall not be smaller than 2.5m 2 for men and 3m 2 for women and juveniles. Table 1.2: Point (7): Data does not concern detainees in the framework of the criminal procedure. LIECHTENSTEIN: Table 1.3: Under the total capacity of penal institutions are included only places designed in Liechtenstein. Nevertheless, there exist places which are part of the contract between Liechtenstein and Austria. This additional capacity allows adjustments of the detention to the suitable institution. LITHUANIA: Figures are on 1 st July 2009 instead of 1 st September 2009. LUXEMBOURG: Table 1: Total number of prisoners concerns persons held in penitentiary centres (closed) in Luxembourg and Givenich (semi detention). Table 1.2: Point (7): The Grand ducal Regulation of 20 th September 2002 provides that the Centre for aliens in irregular situation is to be designed within a special section of the Luxembourg Penitentiary Centre, awaiting the construction of a separate detention facility, which will be undertaken in early 2011.
34 MALTA: Table 1.3: The number of places under Capacity of institutions/special sections for the administrative detention (27 places) is already included among places under Capacity institutions designed for serving a sentence. Table 1.3: Total capacity figure is an approximation, which takes into account the actual number of single cells as well as the ad hoc dormitories used due to the overcrowding problem. In Malta, a single cell policy is applied (one inmate per cell). New beds were added in order to accommodate the additional number of incoming inmates in the facility. MOLDOVA: Table 1.3: Capacity of institutions for juvenile offenders (109 places), capacity of custodial hospitals/clinics/special sections (342 places) and capacity of institutions/special sections for the administrative detention (30 places) are not included in the total capacity of penal institutions. MONACO: Table 1: Total capacity of the only penal institution has been calculated by using the surface area, which is 5.6m 2 /prisoner. Table 1.2: Point (2): Special places exist for juveniles in the Juveniles section. Points (4) to (6): No special places are provided for mentally ill persons, who are transferred to the Princess Grace Hospital in Monaco. MONTENEGRO: Table 1: The total number of prisoners was retrieved on 12 th March 2011 from The International Centre for Prison Studies Website (World Prison Brief): http://www.prisonstudies.org/info/worldbrief/wpb_country.php?country=173. It relates to September 2008 instead of 1 st September 2009. NETHERLANDS: Table 1: Total number of prisoners is 16,284, of which: 11,629 are in penal institutions, 1,185 are in juvenile institutions 1,982 are in custodial clinics and 1,488 are in institutions for illegal aliens. In this Table has been used the total number of prisoners held in all types of penal institutions. In further tables has been used the number of prisoners held in penal institutions (11,629). Table 1.3: The total capacity is 20,571, of which: 13,822 places in penal institutions. 7,093 places are in remand and 6,019 for serving a sentence. Moreover, there are 710 places which may be used for both remand and sentenced prisoners, of which 274 places are reserve capacity. 1,839 places in institutions for juveniles, 2,102 places in custodial clinics, and 2,808 places in institutions for illegal aliens.
35 NORWAY: Table 1: Total number of detainees held in remand institutions/sections (pre trials) : Norway has no remand institutions and although most remand prisoners will be placed in special wings or units, many will be housed with convicted prisoners. All remand prisoners are included under this category. Total number of prisoners held in institutions serving a sentence : are included 93 fine defaulters. Table 1.2: Point (7): Most asylum seekers are placed in units not connected with the Correctional Service. However, a few illegal aliens may be placed in a prison establishment. There were 5 persons on 1 st September 2009. These 5 persons are included in the total number of prisoners. Table 1.3: Some prisons are almost exclusively for the use of convicted prisoners. There are no special institutions for remand or juvenile prisoners. Only exceptionally remand prisoners are placed in open prisons. Some prisons have wings allocated to remand prisoners but remand prisoners can also be found among convicted prisoners. Juveniles will normally be placed such that attention can be made to their special needs. POLAND: Data relate to 31 st December 2009 instead of 1 st September 2009. Table 1: Total capacity of penal institutions has been calculated by using the surface area, which is 3m 2 /prisoner. Table 1.3: The number of places foreseen for pre trial detention and the number of places in institutions designed for serving sentences are presented together. Remand prisoners may be placed in prisons and sentenced prisoners can still be held in pre trial detention units. 76,452 places is the capacity of remand institutions and institutions designed for serving a sentence together. PORTUGAL: Data relate to 31 st December 2009 instead of 1 st September 2009. Table 1: Total number of prisoners includes 250 persons with psychological disorders, of which 96 persons are placed in psychiatric institutions or prison hospitals and 154 persons are held in non custodial psychiatric institutions or hospitals. Table 1.2: Point (2): Leiria s Penitentiary Institution institution for persons aged 16 to 21 years. Under this point are counted 213 persons, including remand detainees. Point (4): Under this point are included 250 prisoners, of which 96 prisoners held in custodial psychiatric institutions or hospitals, and 154 prisoners held in non custodial psychiatric institutions or hospitals. 250 is the total number of persons considered non criminally liable by the court, who are not stricto sensu sentenced prisoners, but persons under a security measure (which is rather therapeutic). These persons are under the authority of the Prison Administration and their files are managed by the Court of Execution of Sentences. Nevertheless, all decisions concerning this category of persons are taken on the advice of medical authorities. Point (8): Persons placed under electronic surveillance are managed by the General Service of the Community Reintegration (Direcção General de Reinserção Social).
36 ROMANIA: Table 1: The number of places in cells in the penal institutions is calculated by using the volume the volume foreseen per prisoner is 6m 3 (cubic meters). Table 1.2: Point (9): Education centres for juvenile offenders (which are different from penitentiary institutions for juveniles and young adults). Table 1.3: Capacity of institutions for juvenile offenders : are included places in penitentiary institutions for juveniles and young adults Capacity of other types of institutions : are included places in education centres for juvenile offenders RUSSIA: Table 1: The total number of prisoners has been provided by Mr Roy Walmsley from The International Centre for Prison Studies (World Prison Brief): www.prisonstudies.org. SAN MARINO: Table 1: Total capacity of the only penal institution has been calculated by using the surface area, which is 6m 2 /prisoner. SLOVAK REPUBLIC: Table 1: Total capacity of penal institutions has been calculated by using the surface area, which is 4m 2 /prisoner. Table 1.3: Figures under Capacity of institutions for juvenile offenders and Capacity of custodial hospitals/clinics/special sections have not been included in the total capacity of penal institutions. SLOVENIA: Prescribed standards are: 9m 2 for single rooms and 7m 2 per prisoner for double and multiplebed rooms. SPAIN (STATE ADMINISTRATION): Table 1: Total capacity of penal institutions has been calculated by using the surface area, which is 9m 2 /cell. Table 1.3: Points (1) and (2): the majority of penitentiary institutions are designed to host remand detainees and sentenced prisoners. Point (4): are included places in custodial psychiatric centres of Alicante and Seville. SPAIN (CATALONIA): Table 1.2: Point (9): are included dependent units, re education centres and therapeutic communities. Table 1.3: The total capacity includes two categories (Capacity of remand institutions/sections ( pre trials ) and Capacity institutions designed for serving a sentence). The totality of penal institutions is designed for remand detainees and sentenced prisoners. Inside each institution there is an infirmary unit and some have other special units as well (Mental Health Addictions unit, Geriatric Medicine, etc.), which can host remand detainees or sentenced prisoners without distinction.
37 SWEDEN: Data relate to 1 st October 2009 instead of 1 st September 2009. Table 1.2: Point (8): are included prisoners under pre release measures still serving a sentence ( back door electronic monitoring). SWITZERLAND: Data relate to 2 nd September 2009 instead of 1 st September 2009. THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA : Table 1: Total capacity of penal institutions has been calculated by using the surface area, which is 4m 2 /prisoner. TURKEY: Table 1.2: Point (2): Total number of persons held in Juvenile Reformatories is 173. Total number of persons held in Juvenile and Youth Closed Prisons is 862. Point (3): Persons aged 18 and more in Juvenile Reformatories is 19. Persons aged 18 and more in Juvenile and Youth Closed Prisons is 214. UKRAINE: Table 1: The standard residential area in penal settlements is 3m 2 /prisoner, in penal colonies and penal settlements intended to detain women is 4m 2 /prisoner, in medical institutions at penal settlements, in penal settlements intended to detain and treat patients suffering from tuberculosis, at inpatient department is 5m 2 /prisoner (article 115 of the Criminal Executive Code of Ukraine). UK: ENGLAND AND WALES: Data relate to 30 th June 2009 instead of 1 st September 2009. Table 1: The total prison population includes remand and non criminal prisoners (total population of prison establishments in England and Wales). In the total are not included secure training centres and local authority secure children's homes. UK: NORTHERN IRELAND: Data relate to 27 th August 2009 instead of 1 st September 2009. UK: SCOTLAND: This figure is the design capacity of the penal institutions.
38 Figure 1.a: Countries with the highest Prison Population Rates per 100 000 inhabitants (more than 100 prisoners per 100 000 inhabitants) European median (119.4) in 2009 for the prison population slightly increased compared to 2008 (109.2). Almost all countries which experienced highest prisons population rates remained at the same level or continued to increase. Very few countries experienced a decrease of this rate, the general European trend being in grow. Figure 1.b: Countries with prison population overcrowding (more than 100 prisoners per 100 places) Comparisons of prison overcrowding should be conducted cautiously as the rules for establishing the capacity of penal institutions vary from country to country (e.g. some countries use the design capacity of their penal institutions and other used their operational capacity). When comparing the median values of 2009 and 2008, a slight increase in prison density could be seen (it passed from 95.9 in 2008 to 96.6 in 2009). The number of countries with more than 130 prisoners per 100 places continues to grow (in 2007: 3 countries; in 2008: 6 countries and 7 countries in 2009).
39 Table 1.4: Evolution of prison populations between 2000 and 2009 (a) Total number of prisoners (including pre trial detainees) on 1 st September of each year (source SPACE I)*; (b) Prison population rate per 100,000 inhabitants on 1 st September of each year (source: SPACE I)*; (c) Change 2000 2009 = Evolution (in percentage) of prison population rates between 2000 and 2009; (d) Change 2008 2009 = Evolution (in percentage) of prison population rates between 2008 and 2009. *N.B. For some countries, the reference date may vary across years (see SPACE I 2000 to 2008 for details) Reference: Council of Europe, SPACE I 2009.1.4 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Country (a) (b) (a) (b) (a) (b) (a) (b) (a) (b) (a) (b) (a) (b) (a) (b) (a) (b) (a) (b) (c) (d) Albania 1467 43.5 1635 48.1 1785 52.5............ 3425 109.3 3884 122.4 5 041 139.3 4 482 140.7 223.5 1.1 Andorra 48 72.5 55 82.9 61 90.8... 30 40.4 60 72.6 68 80.5 10.8 Armenia 4213 111 5624 148 3429 106.8 2727 84.9 2822 87.8 5682 188.8 3462 116.5 3 825 128.8 3 989 123.2 4.4 Austria 6896 83.1 6915 85.1 7511 92.3 7816 96.9 8767 106.8 8780 105.4 8887 108.4 7 899 96.3 8 423 100.8 21.3 4.7 Azerbaijan 18321 225 16345 199.3 18259 220.9 16969 203.3 17809 211.9 20 986 256.6 20 470 230.1 10.3 Belgium 8671 84.7 8764 85.4 9253 90.2 8688 83.9... 9371 89.7 9971 95.6 9879 95.1 10 234 98.4 10 901 101.4 19.7 3.1 BH: Fed. BH 1293 49.7 1265 48.7 1247 48 1344 53.8 1557 54.7 1 619 56.8 BH: Rep. Srpska 816 58.3 892 63.7 977 69.8 1029 72.9 952 64.5 928 64.5 924 64.3 961 67.0 4.2 Bulgaria 9424 115 9283 114 9607 121.7 10056 128.2 10935 140.2 12240 157.7 12218 158.8 11032 150.7 10 723 147.6 10 028 131.8 14.6 10.7 Croatia 2027 44.4 2623 59.9 2584 58.2 2594 58.4 2846 64.1 3485 78.5 3833 84.1 4 734 105.4 4 891 110.3 148.4 4.6 Cyprus 369 48.6 345 45.1 355 44.2 546 66.7 529 63.2 599 70.8 671 85.1 646 81.1 670 84.1 3.7 Czech Republic 22489 219 21206 207 16861 164.2 17053 167.1... 19052 186.4 18912 185.6 18901 184.8 20 502 200.6 22 021 210.4 3.9 4.9 Denmark 3279 61.5 3150 58.9 3439 64.1 3577 66.4 3762 69.7 4132 76.4 3759 69.2 3624 66.3 3 451 62.9 3 721 67.5 9.8 7.3 Estonia 4720 328 4789 350 4640 340.9 4797 353.8 4565 337.9 4410 327.4 4310 321.6 3456 262.6 3 656 279.6 3 555 265.2 19.1 5.1 Finland 2703 52.3 3040 58.7 3466 66.7 3437 66 3446 66 3823 73 3714 70.6 3624 69.2 3 531 67.3 3 589 67.4 28.8 0.1 France 48835 80.1 47005 77.1 53463 87.6 57440 93.1 56271 90.5 57582 91.8 57876 91.6 63500 99.9 66 712 104.1 66307 103.1 28.7 1.0 Georgia 7343 186 6406 147.5... 8668 200.6 13419 302.7 18384 395.7 19 507 421.2 23 864 452.1 7.3 Germany 78707 95.8 78506 95.2 79567 96.4 79676 96.5 78992 95.7 79146 95.8 77868 94.5 74 706 90.7 73 263 89.3 1.5 Greece 8038 76.2 8343 79 8284 78.4 8555 81... 9589 86.6 10113 90.9 11 798 110.0 11 080 98.4 29.1 10.6 Hungary 15821 158 17119 171 18054 177.4 17012 167.7 16410 162.2 16394 162.4 15591 155 14892 149.6 15 079 151.8 16 459 164.1 3.8 8.1 Iceland 82 29 110 38.8 107 37.3 112 38.8 115 39.6 119 40.5 119 39.9 115 38.1 140 46.0 118 36.9 27.4 19.7 Ireland 2887 76.4 3025 80 3028 78 2986 75.3... 3135 74.3 3305 80.4 3 523 84.8 3 919 88.1 15.3 3.9 Italy 53481 92.7 55136 95.3 56200 99.8 57238 101.7 56090 96.9 59649 102 38309 65.2 45612 78.4 55 831 96.0 63 981 106.6 14.9 11.0 Latvia 8555 353 8617 364 8517 363.1 8135 348.9 7731 333.3 7228 313.4 6531 285.3 6431 284.6 6 544 291.4 6 999 309.5 12.3 6.2 Liechtenstein 17 18 7... 10 28.9 10 28.6 6 17.5 10 29.0 7 19.7 32.1 Lithuania 8867 240 10750 291 11345 326.4 9958 287.6 7827 227.1 7993 233.4 8078 237 7842 219.3 7 744 217.2 8 295 247.6 3.2 14.0 Luxembourg 394 90.4 357 80.9 380 85.6 498 111.1 548 121.3 693 152.3 755 163.6 744 154.9 673 138.5 679 137.6 52.2 0.6 Malta 257 67.2 283 71.7 278 71.9... 298 74 343 84.7 577 143.0 494 119.4 16.5 Moldova 9754... 10679 250 10532 290.4 10729 296.5 10383 287.8 8990 249.7 8817 230 8130 187.8 7 252 167.7 6 769 189.7 13.1
40 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Country (a) (b) (a) (b) (a) (b) (a) (b) (a) (b) (a) (b) (a) (b) (a) (b) (a) (b) (a) (b) (c) (d) Monaco... 34 102.7 37 113.5 36 110.2 34 103.5 23 74.2 28.3 Netherlands 13847 90.1 15246 95.4 16239 100.8 18242 112.7 20075 123.5 21826 133.9 20463 124.9 18746 113.1 17 113 102.8 16 284 98.8 9.6 3.9 Norway 2643 59 2666 59.2 2662 58.8 2914 64 2975 65 3097 67.2 3164 67.8 3280 70.9 3 278 70.6 3 285 68.4 16.0 3.0 Poland 65336 169 80004 207 80610 208.7 80692 211.1 79344 207.8 82656 216.5 88647 232.4 90199 234.2 83 152 216.0 84 003 220.3 30.3 2.0 Portugal 13500 132 13730 132.8 14232 136.7... 12889 122.4 12636 119.4 11587 108.9 10 807 101.2 11 099 104.4 3.2 Romania 49682 221 50370 225 51476 229.5 45337 208.2 40085 184.6 37929 175.1 35910 166.8 31290 140.5 27 262 122.5 27 028 125.7 43.1 2.6 Russian Fed. 971496 671 919330 638.6 860640 601.4... 823672 576.8 871609 608.6 887 723 630.9 880 671 620.6 1.6 San Marino 1 0 0... 1 3.4 1 3.3 1 3.4 2 6.7 2 6.4 4.6 Serbia 7487 74.9... 7775 103.7 8553 114.1 8978 121.6 9 510 128.3 10 262 139.9 9.1 Slovak Republic 7128 297 7509 139 7849 145.9 8829 164.1 9504 176.7 9289 172.5 8657 160.7 8235 151.2 8 313 152.4 9 170 169.4 43.0 11.2 Slovenia 1136 57.3 1155 58 1120 56.2 1099 55.1 1126 56.4 1132 56.7 1301 65 1336 66.5 1 318 65.6 1 365 67.2 17.2 2.3 Spain 45044 114 46962 117 50994 126.2 55244 135.8 59224 140.3 61269 142.4 64120 146.1 66467 147 71 778 155.5 78 342 167.6 47.0 7.8 Spain (Catalonia) 9395 130.3 9 839 133.6 10 356 138.5 3.7 Sweden 5678 64.1 6089 68.5 6506 73 6755 75.6 7332 81.7 7054 78.3 7175 79 6770 75 6 853 75.8 7 147 77.2 20.5 1.9 Switzerland 6390 89.2 5160 71.6 4987 68.7 5266 72 6021 81.8 6111 82.4 5888 79 5715 75.6 5 780 76.2 6 084 79.0 11.4 3.6 The FYRO Macedonia 1394 69 1413 69.9 1248 61.2 1598 78.4 1747 86.1 2132 104.8 2038 100.1 2050 99.7 2 235 108.4 2 461 120.1 74.1 10.8 Turkey 71860 110 61336 93.2 60091 86.7 64051 92 71148 99.9 54296 75.8 67795 91.7 85865 120.7 99 416 131.2 115 540 161.6 46.9 23.2 Ukraine 198885 406 198946 405.7 198386 413.3 193489 406.3 179519 381.1 165408 355.3 148 339 322.5 146 394 318.5 1.2 UK: England and Wales 65666 124 67056 126 71324 137.1 72992 139.1 74488 140.4 76190 142.7 77982 145.1 79734 147.5 83 194 152.8 83 454 152.3 22.8 0.4 UK: Northern Ireland 980 877 51.6 1076 63.8 1185 69.8 1295 75.7 1337 77.5 1502 86.2 1 523 85.8 1 456 81.4 5.1 UK: Scotland 5855 6513 128.7 6642 131.4 6885 135.6 6795 133.4 7192 140.6 7453 144.9 8 088 156.5 8 113 156.2 0.2 Source: SPACE I, 2000 to SPACE I, 2008
41 Table 1.5: Year to year rates of increase and decrease of prison population rates per 100,000 inhabitants between 2008 and 2009 Reference: Council of Europe, SPACE I 2009.1.5 San Marino 4.6 Armenia 4.4 Netherlands 3.9 Norway 3.0 Russian Fed. 1.6 Germany 1.5 Ukraine 1.2 France 1.0 Luxembourg 0.6 UK: England & Wales 0.4 UK: Scotland 0.2 Finland 0.1 Albania 1.1 Sweden 1.9 Latvia 6.2 Poland 2.0 Denmark 7.3 Slovenia 2.3 Georgia 7.3 Romania 2.6 Spain (incl. Catalonia) 7.8 Belgium 3.1 Hungary 8.1 Portugal 3.2 Liechtenstein 32.1 Serbia 9.1 Switzerland 3.6 Monaco 28.3 The FYRO Macedonia 10.8 Spain (Catalonia) 3.7 Iceland 19.7 Andorra 10.8 Cyprus 3.7 Malta 16.5 Italy 11.0 Ireland 3.9 Bulgaria 10.7 Slovak Republic 11.2 BH: Rep. Srpska 4.2 Greece 10.6 Moldova 13.1 Croatia 4.6 Azerbaijan 10.3 Lithuania 14.0 Austria 4.7 Estonia 5.1 Turkey 23.2 Czech Republic 4.9 UK: Northern Ireland 5.1 Increase of more than 5% Between 5% and +5% Decrease of more than 5% Notes Tables 1.4 and 1.5 Tables 1.4 and 1.5 are based on non adjusted figures in order to ensure comparability with data from previous years. CYPRUS: For the calculations in the Tables 1.4 and 1.5 we have used data excluding detainees held in police stations. This information has not always been provided for the previous years. Therefore, in order to ensure the comparability with the data from previous years, we kept this year only the category of prisoners in penal institutions (670) without detainees held in police stations (213). ITALY: Data for 2004 are not comparable with data for 2003, because in 2003 the prison population included juveniles, and in 2004 they are not more counted. In 2009, figures do not include juveniles either; therefore these data are comparable with figures from 2004, 2005, 2006, 2007, and 2008. SPAIN (INCLUDING CATALONIA): In order to ensure the accuracy of the comparisons with the previous years data, we added Catalonian data in the total number of prisoners (Spain State Administration and Catalonia), and we recalculated the prison population rate for the whole country. Among ten countries which experienced a decrease of more than 5%, three already showed decreasing trend between 2007 and 2008 (Monaco, Bulgaria, and Azerbaijan). Among the thirteen countries with an increase of more than 5%, six were in an important increase already between 2007 and 2008 (Spain, Serbia, the Former Yugoslav Republic of Macedonia, Italy, Turkey, and Georgia). For more detailed information on the 2009 data, see explanatory notes for previous tables of this report.
42 Map 1: Prison population rates per 100,000 inhabitants Reference: Council of Europe, SPACE I 2009.m.1 PRISON POPULATION PER 100,000 INHABITANTS 1ST SEPTEMBER 2009 Less than 50 From 51 to less than 100 ISL NOR SWE FIN RUS From 100 to less than 200 from 200 to less than 300 300 and over Data not supplied Not a CoE Member State EST UK:SCO LVA UK:NIR IRL DNK LTU BLR UK:ENG&WAL NLD POL BEL DEU UKR LUX CZE SVK MDA FRA CHE LIE AUT SVN HRV HUN ROU GEO ARM AZE AND MCO SMR ITA BIH SRB MNE MKD BGR TUR PRT ESP ALB GRC CYP MLT * ISO 3166 1 alpha 3 codes: The three letter country codes are the ones published by ISO (International Organisation of Standardization). These country codes were used to identify Member States of the Council of Europe on the map presented above (excluding Bosnia and Herzegovina). For constituent countries of the United Kingdom we have used the three letter codes from FIFA (International Federation of Association Football): ENG, WAL, NIR, and SCO. ALB Albania CZE Czech Republic IRL Ireland NLD Netherlands ESP Spain AND Andorra DNK Denmark ITA Italy NOR Norway SWE Sweden ARM Armenia EST Estonia LVA Latvia POL Poland CHE Switzerland AUT Austria FIN Finland LIE Liechtenstein PRT Portugal MKD The FYRO Macedonia AZE Azerbaijan FRA France LTU Lithuania ROU Romania TUR Turkey BEL Belgium GEO Georgia LUX Luxembourg RUS Russian Federation UKR Ukraine BIH Bosnia and UK: UK: England DEU Germany MLT Malta SMR San Marino Herzegovina ENG&WAL and Wales BGR Bulgaria GRC Greece MDA Moldova SRB Serbia UK: NIR UK: Northern Ireland HRV Croatia HUN Hungary MCO Monaco SVK Slovakia UK: SCO UK: Scotland CYP Cyprus ISL Iceland MNE Montenegro SVN Slovenia BLR Belarus (Not CoE member)
43 Table 2: Age structure of prison population on 1 st September 2009: general breakdown by categories of age Country Total number of prisoners (including pre trial detainees) Less than 14 years From 14 to less than 16 years From 16 to less than 18 years From 18 to less than 21 years From 21 to less than 25 years From 25 to less than 30 years From 30 to less than 40 years From 40 to less than 50 years From 50 to less than 60 years From 60 to less than 70 years Reference: Council of Europe, SPACE I 2009.2 From 70 to less than 80 years (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) 80 years and over Age of criminal responsibi lity Albania 4 482 NAP 60 329 1 397 1 346 667 329 125 14 years Andorra 68 0 0 2 2 34 10 14 4 2 0 0 0 18 years Armenia 3 989 NAP 105 850 1 199 955 795 85 14 years Austria 8 423 14 years Azerbaijan 20 470 NAP NA 39 16 130 1 340 196 NA 16 years Belgium 10 901 3 17 62 500 1 315 2 077 3 620 2 136 861 237 62 9 18 years BH: BiH (state level) 14 years BH: Fed. BiH 1 619 0 1 14 71 256 386 452 258 121 47 13 0 14 years BH: Republika Srpska 961 NAP 1 5 8 125 236 257 214 83 22 9 1 14 years Bulgaria 10 028 NAP 0 21 160 626 1 583 3 270 1 746 714 196 41 6 14 years Croatia 4 891 0 7 57 123 406 907 1 535 1 066 577 166 42 5 14 years Cyprus 883 0 0 3 27 137 147 207 102 35 12 0 0 14 years Czech Republic 22 021 NAP 1 65 621 2 425 3 501 6 880 3 938 1 629 297 17 NA 15 years Denmark 3 721 NAP 1 19 426 671 660 1 053 672 167 46 4 2 15 years Estonia 3 555 0 5 29 249 530 741 1 121 565 249 60 5 1 14 years Finland 3 589 NAP 1 7 107 408 663 1 152 776 376 89 10 0 15 years France 66307 50 583 4 827 11 548 13 360 17 159 11 029 5 384 2 367 13 years Georgia 23 864 14 years Germany 73 263 NAP 43 594 3 359 7 811 12 153 17 819 12 381 5 184 1 758 285 NA 14 years Greece 11 547 13 years Hungary 16 459 NAP 187 1 368 1 535 2 670 5 687 3 364 1 382 266 14 years Iceland 118 NA NA NA NA NA NA NA NA NA NA NA NA 15 years Ireland 3 919 2 20 73 344 787 889 1 049 489 166 79 18 3 12 years Italy 63 981 NAP NA NA 1 636 5 381 10 378 21 711 14 916 6 812 2 131 456 14 years Latvia 6 999 NAP 20 72 416 850 1 112 1 450 778 262 67 14 years Liechtenstein 7 0 0 0 0 0 1 2 1 1 2 0 0 14 years Lithuania 8 295 NAP 11 115 655 2 826 2 143 1 079 426 109 16 years Luxembourg 679 4 27 106 129 188 158 56 8 2 1 18 years Malta 494 NAP 3 14 31 108 122 171 30 7 7 1 NAP 16 years Moldova 6 769 NAP 3 32 426 2 147 1 711 675 358 67 14 years Monaco 23 0 0 1 1 1 2 8 5 2 3 0 0 13 years
44 Country Total number of prisoners (including pre trial detainees) Less than 14 years From 14 to less than 16 years From 16 to less than 18 years From 18 to less than 21 years From 21 to less than 25 years From 25 to less than 30 years From 30 to less than 40 years From 40 to less than 50 years From 50 to less than 60 years From 60 to less than 70 years From 70 to less than 80 years (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) 80 years and over Age of criminal responsibi lity Montenegro 986 14 years Netherlands 11 629 0 0 0 906 1 739 1 961 3 470 2 490 842 202 15 4 12 years Norway 3 285 0 2 11 207 457 613 993 662 246 79 14 1 15 years Poland 84 003 0 17 682 4 998 10 374 19 767 20 355 14 010 11 726 1 219 428 NA 15 years Portugal 11 099 NAP NAP 30 303 1 130 2 000 3 691 2 497 1 072 376 16 years Romania 27 028 0 52 411 1 789 9 937 8 559 5 899 381 14 years Russian Federation 819 200 14 years San Marino 2 0 0 0 0 0 0 0 0 0 2 0 0 12 years Serbia 10 262 0 18 63 452 2 119 2 465 2 586 1 439 816 208 81 15 14 years Slovak Republic 9 170 NAP 14 103 495 1 229 1 664 2 663 1 829 871 148 17 0 14 years Slovenia 1 365 NAP NAP 4 44 158 290 425 264 138 39 3 0 14 years Spain (State Administration) 67 986 NAP NA NA 1 445 8 785 14 305 22 184 17 124 1 464 14 years Spain (Catalonia) 10 356 NAP 0 0 474 1 062 1 914 3 755 2 161 726 212 45 7 14 years Sweden 7 147 NA NA NA 171 739 962 1 515 1 259 660 187 15 years Switzerland 6 084 54 NA NA NA NA NA NA NA NA NA 10 years the FYRO Macedonia 2 461 0 5 16 82 340 600 819 381 170 42 6 0 14 years Turkey 115 540 52 536 2 033 8 085 16 236 23 140 35 683 19 096 7 982 2 041 601 55 12 years Ukraine 146 394 NAP 809 3 847 47 492 35 432 19 056 2 244 1 040 14 years UK: England and Wales 83 454 0 201 1 900 8 949 13 875 15 475 21 723 13 798 4 994 1 999 492 48 10 years UK: Northern Ireland 1 456 0 0 17 130 266 269 370 269 90 38 7 0 10 years UK: Scotland 8 113 0 0 169 873 1 329 1 535 2 247 1 333 465 126 35 1 8 years General remark: As the question on the age of criminal responsibility was interpreted by some national correspondents as corresponding to the age of majority, a few adjustments to this Table were introduced by the authors of this report. The latter also introduced the age of criminal responsibility for Austria, Georgia, Greece, Russian Federation, and Switzerland, on the basis of personal communications and literature research.
45 Notes Table 2 ALBANIA: Points (b) and (c) From 14 to less than 18 years Points (e) and (f) From 21 to less than 30 years Points (j), (k), and (l) 60 years and over For 229 prisoners the age was unknown. ARMENIA: Points (b) and (c) From 14 to less than 18 years Points (d) and (e) From 18 to less than 25 years Point (f) From 25 to less than 35 years Point (g) From 35 to less than 45 years Points (h) and (i) From 45 to less than 60 years Points (j), (k), and (l) 60 years and over AZERBAIJAN: In this Table are included only sentenced prisoners. No data are available on the category of pre trial detainees. Points (a), (b), and (c) Figures on juvenile offenders are not included, as they are not managed by Prison Administration. In this Table are presented figures on the sentenced prisoners held in penal institutions managed by Prison Administration. Points (d), (e), (f), (g), and (h) From 18 to less than 50 years Points (j), (k), and (l) 60 years and over The age of criminal responsibility is set at 16 years; nevertheless, in the cases of severe crimes, the responsibility may start from 14 years. BELGIUM: For 2 persons the age is unknown. The age is recorded in the file or declared by the person. The age is sometimes contested by a judiciary authority (e.g. the authorities consider that a person is adult while she stated to be juvenile). BULGARIA: In this Table are included only sentenced prisoners. No data are available on the category of pre trial detainees. CYPRUS: In this item are considered persons held in prisons; the breakdown by age for detainees held in police stations is not available. Age of criminal responsibility: Under the Juvenile Offender s Law (Ch. 157), the Juvenile Court hears charges against children or young persons. This law defines child as a person under the age of 14 and young person as a person who is 14 years of age or older and under the age of 16 years. Therefore a juvenile is a person falling within the above definition of child or young person. An adult is a person not falling within the above definition. According to the Criminal Code, a person under the age of 14 is not criminally responsible for any act or omission. CZECH REPUBLIC: Figures are on 31 st December 2009 instead of 1 st September 2009 In this Table are included only sentenced prisoners. No data are available on the category of pre trial detainees.
46 Point (b) As the age of criminal responsibility is 15, juveniles included in this category are 15 years old. Persons held in institutions for juvenile offenders are not included in the distribution presented in this Table. FINLAND: Figures are on 1 st May 2009 instead of 1 st September 2009. FRANCE: Figures are on 1 st October 2009 instead of 1 st September 2009. Points (a) and (b) From 13 to less than 16 years Points (j), (k), and (l) 60 years and over GERMANY: Figures are on 31 st March 2009 instead of 1 st September 2009. In this Table are included sentenced prisoners and prisoners under preventive measures. Point (k) The oldest prisoner in this age group is 72. Point (l) No special data collection is undertaken under the category of 80 years and over. Pre trial detainees the distribution available for this group of detainees is as follow: From 14 to less than 18 years 435 From 18 to less than 21 years 1,130 From 21 years and over 9,820 HUNGARY: Point (a) On the basis of the change in the Criminal Code the age of the criminal responsibility is 14 years. Points (b) and (c) From 14 to less than 18 years Point (d) From 18 to less than 22 years Point (e) From 22 to less than 25 Points (j), (k), and (l) 60 years and over IRELAND: The age of criminal responsibility is 12 years. There is an exception for children aged 10 or 11 who can be charged with murder, manslaughter, rape or aggravated sexual assault. ITALY: Points (a), (b), and (c) Data on persons less than 18 years of age are not available in these statistics. These categories are held in specially designed institutions for juvenile offenders, which are not managed by the Italian Penitentiary Administration. Point (g) The number of persons aged 30 to less than 35 is 11,299, and the number of those aged 35 to less than 40 is 10,412. Point (h) The number of persons aged 40 to less than 45 is 8,736, and the number of those aged 45 to less than 50 is 6,180. Points (k) and (l) 70 years and over Unknown 560 persons for who the age has not been recorded. LATVIA: Figures are on 1 st October 2009 instead of 1 st September 2009. In this Table are included only sentenced prisoners. No data are available on the category of pre trial detainees. Points (j), (k), and (l) 60 years and over
47 LITHUANIA: Figures are on 1 st July 2009 instead of 1 st September 2009. In this Table are included only sentenced prisoners. Pre trial detainees and prisoners under preventive measures are not counted; insofar no special data are available. Points (e) and (f) from 21 to less than 30 years Points (j), (k), and (l) 60 years and over Age of criminal responsibility: Criminal responsibility may be applied to a person, who at the moment of the commitment of the offence was aged 16. Nevertheless, a person who prior to committing a crime or a criminal offence has reached the age of 14 shall be responsible for murder (art. 129), causing heavy health disturbances ( grievous bodily harm, art. 135), rape (art. 149 and art. 150 hetero and homo ), theft (art. 178), robbery (art. 180), property extortion (art. 181), aggravated destruction or damage to property (art. 187, Part 2), seizure of firearms, ammunition, explosives or explosive substances (art. 254), theft, extortion or other illegal seizure of drugs or psycho tropic substances (art. 263), aggravated damage of means of transport, roads or equipment therein (art. 280, Part 2). MOLDOVA: In this Table are included only sentenced prisoners. No data are available on the category of pre trial detainees. Points (e) and (f) From 21 to less than 30 years Point (h) and (i) From 40 to less than 60 years Points (k), and (l) 70 years and over NETHERLANDS: The distribution in this Table concerns only the population in the penal institutions and institutions for aliens, without taking into account juvenile offenders, and people in custodial clinics. The age of criminal responsibility is 12 years. People younger than 18 years can be detained from the age of 12 in special institutions for juveniles. The age in which people can be detained under adult criminal law is 18 years (with a few exceptions in which youngsters can be trialled according to adult law). POLAND: Figures are on 31 st December 2009 instead of 1 st September 2009. Unknown 427 persons under a special measure ( punished ). For these persons the age distribution is unknown. PORTUGAL: Figures are on 31 st December 2009 instead of 1 st September 2009. Points (j), (k), and (l) 60 years and over ROMANIA: Points (e) and (f) From 21 to less than 30 years Point (h) and (i) From 40 to less than 60 years Points (j), (k), and (l) 60 years and over SLOVAK REPUBLIC: The distribution in this Table concerns only the population in the penal institutions. Data on persons held for administrative reasons (108 persons) and on persons held in facilities which do not depend on the Prison Administration (29 persons) are missing.
48 SPAIN (STATE ADMINISTRATION): Point (e) From 21 to less than 26 years Point (f) From 26 to less than 31 years Point (g) From 31 to less than 41 years Points (h) and (i) from 41 to less than 60 years old Points (j), (k), and (l) 60 years and over Unknown For 2,679 persons the age is unknown. Age of criminal responsibility: The age of sanctioning responsibility is 14. Only at 18 years a prison sentence can be imposed. SPAIN (CATALONIA): Point (d) From 18 to less than 22 Point (e) From 22 to less than 26 years Point (f) From 26 to less than 31 years Point (g) From 31 to less than 41 years Point (h) From 41 to less than 51 years Point (i) From 51 to less than 61 years Points (j) From 61 to less than 71 years Point (k) From 71 to less than 80 years Point (l) 80 years and over Age of criminal responsibility: The Criminal Code applies to persons aged 18 and over. Between 14 and 17 years the Law on the Juveniles responsibility is applied. Persons under 14 years are not trialed under the criminal law system. SWEDEN: Figures are on 1 st October 2009 instead of 1 st September 2009. In this Table are included only sentenced prisoners. Pre trial detainees and prisoners under preventive measures are not counted; insofar no special data are available. Points (j), (k) and (l) 60 years and over SWITZERLAND: Figures are on 2 nd September instead of 1 st September 2009. Points (a), (b), and (c) Are included detainees less than 18 years. For no any other category data are not available. UKRAINE: In this Table are included only sentenced prisoners. Pre trial detainees and prisoners under preventive measures are not counted; insofar no special data are available. Points (b) and (c) From 14 to less than 18 years Points (e) and (f) From 21 to less than 30 years Point (h) From 40 to 55 years Point (i) From 56 to less than 60 years Points (j), (k), and (l) 60 years and over Age of criminal responsibility: Criminal liability arises from 16 years, in special cases from 14 years (art. 22 of the Criminal Code of Ukraine). UK: ENGLAND AND WALES: Figures are on 30 th June 2009 instead of 1 st September 2009. UK: NORTHERN IRELAND: Figures are on 27 th June 2009 instead of 1 st September 2009.
49 Table 2.1: Age structure of prison populations on 1 st September 2009: minors and persons between 18 and 21 of age Country Total number of prisoners Persons held in institutions for juvenile offenders (Table 1.2) Incl. (yes)/excl. (no) If yes, how many? Of which aged 18 years and over Reference: Council of Europe, SPACE I 2009.2.1 Number of prisoners under 18 years old Number of prisoners from 18 to less than 21 years old % of Prisoners under 18 years old % of Prisoners from 18 to less than 21 years old Albania 4 482 Yes 389 329 60 329 1.3 7.3 Andorra 68 NAP *** 2 2 2.9 2.9 Armenia 3 989 105 850 2.6 21.3 Austria 8 423 Azerbaijan 17 705* Yes 49 10 39 NA 0.2 NA Belgium 10 901 Yes 47 5 82 500 0.8 4.6 BH: BiH (state level) BH: Fed. BiH 1 619 Yes 13 9 15 71 0.9 4.4 BH: Republika Srpska 961 Yes 3 6 8 0.6 0.8 Bulgaria 8 363* Yes 57 0 21 160 0.3 1.9 Croatia 4 891 Yes 116 66 64 123 1.3 2.5 Cyprus 670 NAP *** 3 27 0.4 4.0 Czech Republic 19 648* Yes 225 NA 66 621 0.3 3.2 Denmark 3 721 No *** 20 426 0.5 11.4 Estonia 3 555 Yes 150 136 34 249 1.0 7.0 Finland 3 589 NAP *** 8 107 0.2 3.0 France 66307 Yes 198 1 633 4 827 1.0 7.3 Georgia 23 864 Germany 73 263 Yes 7 909 6 837 1 072 4 489 1.5 6.1 Greece 11 547 Hungary 16 459 Yes 927 216 187 1 368 1.1 8.3 Iceland 118 Yes 596 NA NA NA NA Ireland 3 919 Yes 95 0 95 344 2.4 8.8 Italy 63 981 No *** 0 1 636 0.0 2.6 Latvia 5 007* Yes 157 24 92 416 1.8 8.3 Liechtenstein 7 No *** 0 0 0.0 0.0 Lithuania 6 911* Yes 200 36 126 655 1.8 9.5 Luxembourg 679 No *** 4 27 0.6 4.0 Malta 494 Yes 29 3 17 31 3.4 6.3 Moldova 5 466* Yes 50 15 35 426 0.6 7.8 Monaco 23 NAP *** 1 1 4.3 4.3 Montenegro 986 Netherlands 11 629 No *** 0 906 0.0 7.8 Norway 3 285 NAP *** 13 207 0.4 6.3 Poland 84 003 No *** 699 4 998 0.8 5.9 Portugal 11 099 Yes 213 211 30 303 0.3 2.7 Romania 27 028 Yes 567 441 463 1 789 1.7 6.6 Russian Federation 819 200 San Marino 2 No *** 0 0 0.0 0.0 Serbia 10 262 Yes 255 81 81 452 0.8 4.4 Slovak Republic 9 170 Yes 96 0 117 495 1.3 5.4 Slovenia 1 365 Yes 28 28 4 44 0.3 3.2 Spain (State Adm.) 67 986 No *** NA 1 445 NA 2.1 Spain (Catalonia) 10 356 No *** 0 474 0.0 4.6 Sweden 5 486* No *** NA 171 NA 3.1 Switzerland 6 084 Yes 77 23 54 NA 0.9 NA the FYRO Macedonia 2 461 Yes 66 50 21 82 0.9 3.3 Turkey 115 540 Yes 1 035 233 2 621 8 085 2.3 7.0 Ukraine 109 920* Yes 1 523 579 809 3 847 0.7 3.5 UK: England & Wales 83 454 Yes 2 333 235 2 101 8 949 2.5 10.7 UK: Northern Ireland 1 456 No *** 17 130 1.2 8.9 UK: Scotland 8 113 Yes 1 042 873 169 873 2.1 10.8 Mean 1.1 5.7 Median 0.9 4.6 Minimum 0.0 0.0 Maximum 4.3 21.3
50 Notes Table 2.1 For more detailed information on the 2009 data, see the notes to previous tables. Data provided in Table 2.1 should be considered cautiously as the percentages could not always be calculated on the basis of the total number of prisoners. The following countries provided the age breakdown for sentenced prisoners only: Azerbaijan, Bulgaria, Czech Republic, Latvia, Lithuania, Moldova, Sweden, and Ukraine. For these countries, the figure included in the first column of Table 2.1 ( Total number of prisoners ) corresponds to the number of sentenced prisoners only and the percentages included in the Table are calculated on the basis of that figure. The calculation of the percentage of prisoners aged less than 18 was impossible for Iceland, Spain (State Administration), and Sweden because the raw data on this category of prisoners are missing (see notes to Table 2). The calculation of the percentage of prisoners aged 18 to less than 21 was impossible for Azerbaijan, Iceland and Switzerland as no distribution was available for this group of age (see notes to Table 2). ARMENIA: Under the heading Number of prisoners from 18 to less than 21 years old prisoners aged less than 25are included. This figure is the only available (see notes to Table 2). CYPRUS: Percentages for this Table were calculated on the basis of the total prison population in prisons (670), excluding persons held in police stations (213). GERMANY: The total number of prisoners under 18 years is 1,072, of which 435 are pre trial detainees, and 637 are sentenced prisoners. Consequentially, the percentage in this Table was calculated on the basis of the whole population in penal institutions. The total number of prisoners between 18 and less than 21 years is 4,489, of which 1,130 are pre trial detainees, and 3,359 are sentenced prisoners. Consequentially, the percentage in this table was calculated on the basis of the whole population in penal institutions. NETHERLANDS: Figures presented in this Table concerns only the population held in penal institutions, without taking into account juvenile offenders, people in custodial clinics, and institutions for aliens. As the number of persons aged less than 18 years and between 18 and less than 21 years is known for the institutions for juvenile offenders, the percentage was recalculated at the level of the whole population held in penal institutions and institutions for juvenile offenders (12,814). The recalculated percentages are as follow: Percentage of prisoners under 18 years old = 5.7% Percentage of prisoners from 18 to less than 21 years old = 10.6%
51 Map 2: Breakdown of the age of criminal responsibility and percentages of prisoners less than 18 years of age in European countries Reference: Council of Europe, SPACE I 2009.m.2 AGE OF CRIMINAL RESPONSIBILITY AND THE % OF PRISONERS AGED LESS THAN 18 YEARS 0.4 0.2 1 1.8 Percentage Age 0.0 to less than 0.5 0.5 to less than 1.0 1.0 to less than 1.5 1.5 to less than 3.0 3.0 to less than 4.0 4.0 and over 8 years 10 years 12 years 13 years 14 years 15 years 16 years 18 years Data not supplied Not a CoE Member State 2.1 1.2 0.5 1.8 2.4 2.5 1 5.7 0.8 0.6 1.5 0.9 0 0.8 0.3 1.3 1.1 0.3 1.3 1.7 0.7 0.6 2.6 0.2 0.3 2.9 4.3 0 0.9 0.8 0.9 1.3 0.3 2.3 0.4 3.4 This map must be interpreted cautiously as the categories included in it are not always strictly comparable across countries. Thus, for the countries that did not provide the age breakdown for the whole prison population, calculations are based on the available data (e.g. only on sentenced prisoners). Moreover, some of the countries (e.g. Italy) included in the Map do not count persons held in institutions for juvenile offenders in their prison population. As a consequence, their percentage of prisoners aged less than 18 years is nil or close to zero. In most cases, the main reason for excluding juveniles from the calculation is that the special institutions for juvenile offenders are not managed by Prison Administrations. For more details, please see the notes to Tables 2 and 2.1. The percentage of persons aged less than 18 (5.7%) for the Netherlands is based on an adjusted calculation, which includes the institutions for juvenile offenders. If persons held in institutions for juvenile offenders are excluded, the percentage is equal to 0 (see Table 2.1). In France, the total number of prisoners corresponds to the number of écroués. However, 4,526 persons (6.8%) of the total 66,307 écroués are not de facto held inside penal institutions.
52 Table 2.2: Median and Average ages of the prison population (including pre trial detainees) on 1 st September 2009 Reference: Council of Europe, SPACE I 2009.2.2 Country Median Average Albania NA 30 Andorra 25 25 Armenia NA NA Austria Azerbaijan 37 NA Belgium 35 33 BH: BiH (state level) BH: Fed. BiH 34.29 38.87 BH: Republika Srpska 36 NA Bulgaria 36.33 34.94 Croatia 37.54 36 Cyprus 34 32 Czech Republic 36 NA Denmark 32 30 Estonia 33.6 31.5 Finland 36 34 France NA 31.6 Georgia Germany 35.4 33.4 Greece Hungary 35.25 NA Iceland NA NA Ireland 31 29 Italy 37 35 Latvia 44.5 34 Liechtenstein 45.4 41 Lithuania 33.5 NA Luxembourg 37 33 (CPL) 39 (CPG) Malta NA NA Moldova 32.6 31 Monaco 39 24 Montenegro Netherlands 34.2 33 Norway 34.5 33 Poland 35.2 32.5 Portugal 36.8 NA Romania 34 31 Russian Federation San Marino NA NA Serbia 35 49 Slovak Republic NA NA Slovenia NA NA Spain (State Adm.) 36.4 36 Spain (Catalonia) 36.05 NA Sweden 36 34 Switzerland NA NA the FYRO Macedonia 32 34.5 Turkey 34 32 Ukraine NA NA UK: England and Wales 33 30 UK: Northern Ireland 33.6 30.9 UK: Scotland 32 30 Mean 35.2 33.0 Median 35.1 32.8 Minimum 25.0 24 Maximum 45.4 49.0 Among countries presented in the Table 2.2, 16 do not include persons held in institutions for juveniles in the calculations of the mean and median ages: Andorra, Cyprus, Denmark, Finland, Italy, Liechtenstein, Luxembourg, Monaco, Netherlands, Norway, Poland, San Marino, Spain (St. level), Spain (Catalonia), Sweden, and UK: Northern Ireland. Moreover, Azerbaijan, Bulgaria, Czech Republic, Germany, Latvia, Lithuania, Moldova, and Ukraine calculated the median age only for the sentenced prisoners. Median and average values for Cyprus are based on prison population (without police stations). Norway: the median value refers to 1 st September 2010 instead of 1 st September 2009. Figure 2.a: Countries with the youngest (less than 35 years) prison population classified by decreasing median age
53 Table 3.1: Structure of prison populations on 1 st September 2009: female prisoners Country Total number of prisoners (including pre trial detainees) Number of female prisoners (including pre trial detainees) % of female prisoners in the total number of prisoners (including pre trial detainees) Reference: Council of Europe, SPACE I 2009.3.1 % of foreign Number of females in % of pre trial foreign the total female Number of female number of detainees in pre trial prisoners female the total female (including prisoners number of detainees pre trial (including female detainees) pre trial prisoners detainees) Albania 4 482 123 2.7 2 1.6 31 25.2 Andorra 68 13 19.1 11 84.6 6 46.2 Armenia 3 989 159 4.0 NA NA 54 34.0 Azerbaijan 20 470 433 2.1 16 3.7 112 25.9 Belgium 10 901 440 4.0 129 29.3 163 37.0 BH: Fed. BiH 1 619 39 2.4 3 7.7 8 20.5 BH: Republika Srpska 961 20 2.1 2 10.0 3 15.0 Bulgaria 10 028 298 3.0 3 1.0 29 9.7 Croatia 4 891 225 4.6 16 7.1 60 26.7 Cyprus 670 39 5.8 28 71.8 13 33.3 Czech Republic 22 021 1 189 5.4 68 5.7 162 13.6 Denmark 3 721 178 4.8 52 29.2 82 46.1 Estonia 3 555 195 5.5 85 43.6 45 23.1 Finland 3 589 241 6.7 11 4.6 39 16.2 France 66307 2 321 3.5 521 22.4 723 31.2 Germany 73 263 3 918 5.3 761 19.4 606 15.5 Hungary 16 459 1 065 6.5 36 3.4 92 8.6 Iceland 11 833 598 5.1 267 44.6 237 39.6 Ireland 3 919 129 3.3 30 23.3 24 18.6 Italy 63 981 2 740 4.3 1 196 43.6 1 372 50.1 Latvia 6 999 415 5.9 8 1.9 135 32.5 Liechtenstein 7 0 0.0 0 0.0 0 0.0 Lithuania 8 295 353 4.3 2 0.6 35 9.9 Luxembourg 679 32 4.7 23 71.9 14 43.8 Malta 494 28 5.7 NA NA 23 82.1 Moldova 6 769 418 6.2 5 1.2 129 30.9 Monaco 23 2 8.7 2 100.0 2 100.0 Netherlands 11 629 725 6.2 195 26.9 333 45.9 Norway 3 285 208 6.3 48 23.1 54 26.0 Poland 84 003 2 697 3.2 NA NA NA NA Portugal 11 099 613 5.5 196 32.0 177 28.9 Romania 27 028 1 268 4.7 11 0.9 139 11.0 San Marino 2 0 0.0 0 0.0 0 0.0 Serbia 10 262 324 3.2 14 4.3 105 32.4 Slovak Republic 9 170 474 5.2 5 1.1 74 15.6 Slovenia 1 365 64 4.7 7 10.9 15 23.4 Spain (State Adm.) 67 986 5 391 7.9 2 156 40.0 1 328 24.6 Spain (Catalonia) 10 356 722 7.0 275 38.1 170 23.5 Sweden 7 147 374 5.2 NA NA 92 24.6 Switzerland 6 084 374 6.1 NA NA 138 36.9 the FYRO Macedonia 2 461 63 2.6 4 6.3 9 14.3 Turkey 115 540 4 150 3.6 244 5.9 1 803 43.4 Ukraine 146 394 7 742 5.3 NA NA 1 463 18.9 UK: England & Wales 83 454 4 296 5.1 838 19.5 554 12.9 UK: North. Ireland 1 456 52 3.6 10 19.2 24 46.2 UK: Scotland 8 113 438 5.4 22 5.0 110 25.1 Mean 4.9 21.6 28.6 Median 4.9 10.5 25.2 Minimum 0.0 0.0 0.0 Maximum 19.1 100.0 100.0
54 Notes Table 3.1 CYPRUS: In this table, the categorisation is based on the number of persons held in prisons. Persons held in police stations are excluded. CZECH REPUBLIC: Figures are on 31 st December 2009 instead of 1 st September 2009. FINLAND: Figures are on 1 st May 2009 instead of 1 st September 2009. GERMANY: Figures are on 31 st March 2009 instead of 1 st September 2009. Among the foreign female prisoners are included 274 foreign female pre trial detainees. LATVIA: Figures are on 1 st October 2009 instead of 1 st September 2009. LITHUANIA: Figures are on 1 st July 2009 instead of 1 st September 2009. LUXEMBOURG: The total number of female prisoners includes 3 juveniles as well. These persons are held in a special disciplinary section on the basis of a decision of a juvenile court judge. Female prisoners are held in a special section of the Penitentiary Centre of Luxembourg. POLAND: Figures are on 31 st December 2009 instead of 1 st September 2009. PORTUGAL: Figures are on 31 st December 2009 instead of 1 st September 2009. SWEDEN: Figures are on 1 st October 2009 instead of 1 st September 2009. SWITZERLAND: Figures are on 2 nd September 2009 instead of 1 st September 2009. UK: ENGLAND AND WALES: Figures are on 30 th June 2009 instead of 1 st September 2009. Under the heading of the females in pre trial detention are included foreign females as well.
55 Table 3.2: Structure of prison populations on 1 st September 2009: foreign prisoners Reference: Council of Europe, SPACE I 2009.3.2 Country Total number of prisoners (including pre trial detainees) Number of foreign prisoners (including pretrial detainees) % of foreign prisoners in the total number of prisoners (including pretrial detainees) Number of foreign pretrial detainees % of foreign pre trial detainees in the total number of foreign prisoners Number of prisoners citizens of Member States of the European Union % of the EU citizens in the total number of foreign prisoners Number of foreign juvenile (aged under 18) detainees % of foreign juveniles in the total number of foreign prisoners Albania 4 482 45 1.0 32 71.1 15 33.3 1 2.2 Andorra 68 60 88.2 28 46.7 55 91.7 1 1.7 Armenia 3 989 103 2.6 NA NA NA NA NA NA Azerbaijan 20 470 650 3.2 131 20.2 2 0.3 NA NA Belgium 10 901 4 450 40.8 1 707 38.4 3 255 73.1 47 1.1 BH: Fed. BiH 1 619 62 3.8 32 51.6 3 4.8 0 0.0 BH: Rep. Srpska 961 31 3.2 16 51.6 2 6.5 0 0.0 Bulgaria 10 028 223 2.2 45 20.2 NA NA 0 0.0 Croatia 4 891 280 5.7 114 40.7 56 20.0 0 0.0 Cyprus 670 415 61.9 109 26.3 117 28.2 2 0.5 Czech Republic 22 021 1 559 7.1 537 34.4 741 47.5 5 0.3 Denmark 3 721 811 21.8 469 57.8 266 32.8 8 1.0 Estonia 3 555 1 385 39.0 369 26.6 33 2.4 5 0.4 Finland 3 589 356 9.9 137 38.5 174 48.9 0 0.0 France 66307 12 007 18.1 NA NA 2 775 23.1 NA NA Germany 73 263 19 347 26.4 5 046 26.1 5 691 29.4 NA NA Hungary 16 459 612 3.7 422 69.0 320 52.3 2 0.3 Iceland 118 69 58.5 25 36.2 NA NA 6 8.7 Ireland 3 919 511 13.0 176 34.4 102 20.0 2 0.4 Italy 63 981 23 696 37.0 13 446 56.7 4 261 18.0 NAP NAP Latvia 6 999 80 1.1 29 36.3 NA NA 1 1.3 Liechtenstein 7 5 71.4 2 40.0 4 80.0 0 0.0 Lithuania 8 295 89 1.1 24 27.0 29 32.6 0 0.0 Luxembourg 679 465 68.5 223 48.0 450 96.8 9 1.9 Malta 494 NA NA NA NA NA NA NA NA Moldova 6 769 NA NA NA NA NA NA NA NA Monaco 23 21 91.3 12 57.1 13 61.9 1 4.8 Netherlands 11 629 2 525 21.7 1 310 51.9 800 31.7 0 0.0 Norway 3 285 913 27.8 414 45.3 315 34.5 NA NA Poland 84 003 595 0.7 322 54.1 250 42.0 NA NA Portugal 11 099 2 263 20.4 771 34.1 420 18.6 11 0.5 Romania 27 028 198 0.7 26 13.1 60 30.3 0 0.0 San Marino 2 1 50.0 1 100.0 1 100.0 0 0.0 Serbia 10 262 176 1.7 83 47.2 NA NA 0 0.0 Slovak Republic 9 170 148 1.6 84 56.8 52 35.1 NA NA Slovenia 1 365 137 10.0 59 43.1 28 20.4 1 0.7 Spain (State Adm.) 67 986 22 760 33.5 7 126 31.3 4 183 18.4 NA NA Spain (Catalonia) 10 356 4 424 42.7 1 350 30.5 638 14.4 NA NA Sweden 7 147 1 572 22.0 NA NA NA NA NA NA Switzerland 6 084 4 274 70.2 1 500 35.1 NA NA 33 0.8 FYRO Macedonia 2 461 79 3.2 20 25.3 9 11.4 1 1.3 Turkey 115 540 1 856 1.6 1 118 60.2 NA NA 18 1.0 Ukraine 146 394 2 463 1.7 177 7.2 NA NA NA NA UK: Engl. & Wales 83 454 11 350 13.6 1 711 15.1 2 987 26.3 180 1.6 UK: North. Ireland 1 456 106 7.3 4 3.8 67 63.2 0 0.0 UK: Scotland 8 113 314 3.9 147 46.8 NA NA NA NA Mean 23.1 40.4 36.8 1.0 Median 11.5 38.5 31.0 0.4 Minimum 0.7 3.8 0.3 0.0 Maximum 91.3 100.0 100.0 8.7
56 Notes Table 3.2 CYPRUS: In this table, the categorisation is based on the number of persons held in prisons. Persons held in police stations are excluded. CZECH REPUBLIC: Figures on the total number of foreign prisoners, of foreign pre trail detainees, and of foreign juveniles are on 31 st August 2009 instead of 1 st September 2009. Figure on EU citizens is on 31 st December 2009 instead of 1 st September 2009. Number of foreign juvenile pre trial detainees is 3; number of sentenced juveniles is 2. FINLAND: Figures are on 1 st May 2009 instead of 1 st September 2009. FRANCE: Figures are on 1 st October 2009 instead of 1 st September 2009. GERMANY: Figures are on 31 st March 2009 instead of 1 st September 2009. Data on foreign juveniles is available only for some of the 16 Bundesländer. LATVIA: Figures are on 1 st October 2009 instead of 1 st September 2009. LIECHTENSTEIN: Foreign prisoners are distributed as follow: 1 citizen of the USA, 1 citizen of the Czech Republic, 1 citizen of Romania, 1 citizen of Poland, 1 citizen of Austria. LITHUANIA: Figures are on 1 st July 2009 instead of 1 st September 2009. Among EU citizens are counted those who may not necessarily have the citizenship of these countries, but arrived from the EU countries. POLAND: Figures are on 31 st December 2009 instead of 1 st September 2009. PORTUGAL: Figures are on 31 st December 2009 instead of 1 st September 2009. SWEDEN: Figures are on 1 st October 2009 instead of 1 st September 2009. SWITZERLAND: Figures are on 2 nd September 2009 instead of 1 st September 2009. UK: ENGLAND AND WALES: Figures are on 30 th June 2009 instead of 1 st September 2009. UK: SCOTLAND: Foreign prisoners are those prisoners who are recorded as having a nationality which is not British. This may not necessarily be an accurate statement of their citizenship status.
57 Table 4: Legal status of prison populations on 1 st September 2009 (numbers) Country Untried prisoners (no court decision yet reached) Convicted prisoners, but not yet sentenced Sentenced prisoners who have appealed or who are within the statutory limit for doing so Sentenced prisoners (final sentence) Persons detained for fine conversion reasons (fine defaulters) Reference: Council of Europe, SPACE I 2009.4 Persons detained because of the revocation, suspension or annulment of the conditional release or probation Other cases Total number of prisoners (including pre trial detainees) (a) (b) (c) (d) (e) (f) (g) (h) Albania 1 507 NA NA 2 975 NA NA NA 4 482 Andorra 29 0 1 39 0 0 0 68 Armenia 734 330 2 901 24 3 989 Austria 5 542 8 423 Azerbaijan 2 418 347 NA 17 705 NA NA NA 20 470 Belgium 2 517 NAP 651 6 534 1 NA 1 199 10 901 BH: Fed. BiH 209 5 33 1 372 30 0 0 1 619 BH: Rep. Srpska 183 4 0 749 10 0 15 961 Bulgaria 1 665 NA NA 8 363 NAP NA 0 10 028 Croatia 1 212 3 592 32 0 87 4 891 Cyprus 373 NAP NA 510 NAP NA NAP 883 Czech Republic NA NA NA 19 648 NA NA NAP 22 021 Denmark 1 181 245 2 295 0 NA NAP 3 721 Estonia 836 2 719 NA NA NAP 3 555 Finland 575 3 014 90 NA 0 3 589 France 11 775 NAP 3 827 50 705 6 NA 66307 Georgia Germany 11 385 61 387 4 197 NA 491 73 263 Greece Hungary 4 254 NAP 765 11 117 403 NA 323 16 459 Iceland 35 NA NA 81 NA NA NA 118 Ireland 569 NA NA 3 339 36 NA 11 3 919 Italy 14 887 NAP 15 651 31 562 NAP NA 1 881 63 981 Latvia 419 249 682 5 007 28 NA 642 6 999 Liechtenstein 0 2 2 3 1 1 NAP 7 Lithuania 931 123 330 6 911 NA NA NAP 8 295 Luxembourg 220 NAP 43 385 2 7 1 679 Malta 316 NAP NAP 178 9 4 165 494 Moldova 163 382 283 5 466 NA NA 475 6 769 Monaco 12 0 2 9 0 0 0 23 Montenegro Netherlands 4 235 1 232 5 942 561 NAP 220 11 629 Norway 782 NA NA 2 503 93 NA 0 3 285 Poland 9 460 434 NA 74 116 3 302 NA NA 84 003 Portugal 1 556 NAP 585 8 708 NAP NAP 250 11 099 Romania 2 481 1 465 NA 23 082 NA NA 0 27 028 Russian Federation San Marino 1 0 0 1 0 0 0 2 Serbia 319 1 845 381 7 757 NAP 0 0 10 262 Slovak Republic 1 622 NA NA 7 411 NAP NA NA 9 170 Slovenia 285 55 42 948 NA NA 35 1 365 Spain (State Adm.) 14 132 53 854 124 NA NA 67 986 Spain (Catalonia) 2 185 8 171 108 42 10 356 Sweden 1 548 5 486 NA NA NA 7 147 Switzerland 2 404 596 3 084 NA NA NA 6 084 FYRO Macedonia 49 137 25 2 250 13 2 461 Turkey 40 111 NAP 19 641 55 684 NA NA NA 115 540 Ukraine 22 629 2 385 8 170 109 920 NAP 3 290 NAP 146 394 UK: Engl. & Wales 8 933 4 523 NA 68 375 113 NA 1 510 83 454 UK: North. Ireland 541 9 906 24 NA 0 1 456 UK: Scotland 1 101 488 NA 6 524 4 615 5 905 8 113
58 Notes Table 4 BELGIUM: Point (g) The category Other cases includes: o Mentally ill prisoners kept detained for security reasons; o Inmate sentenced prisoners in enforcement of the Law on social protection; o Aliens handed over to the Office of the Aliens (illegal aliens held for administrative reasons); o Wanderers/beggars handed over to the Government; o Recidivists/habitual offenders handed over to the Government; o Persons temporarily detained against the revocation of the release on parole; o Suspension of the release on parole; o Persons temporarily detained against the revocation of the probation. BH: REPUBLIKA SRPSKA: Point (f) Persons detained for fine conversion reasons (fine defaulters) are counted separately and not as part of the sentenced prisoners. CROATIA: Figures are on 31 st December 2009 instead of 1 st September 2009; Points (a), (b), and (c) It is not possible to keep these groups separate in the statistics; Point (g) In this category are included juveniles with educational measures in correctional institutions and prisoners sentenced on the basis of Misdemeanours Act. CYPRUS: Point (a) Total number of untried detainees is 373, of which 160 detainees are held in prisons and 213 are held in police stations. CZECH REPUBLIC: Figures on sentenced prisoners are on 31 st August 2009 instead of 1 st September 2009. DENMARK: Point (a) Under this heading, 55 detainees held according to the Aliens Act are included as well; Points (b), and (c) It is not possible to keep these groups separate in the statistics. ESTONIA: Points (a), (b), and (c) It is not possible to keep these groups separate in the statistics. FINLAND: Figures are on 1 st May 2009 instead of 1 st September 2009; Points (a), (b), and (c) It is not possible to keep these groups separate in the statistics. FRANCE: Figures are on 1 st October 2009 instead of 1 st September 2009; In this table are presented data on all categories of prisoners ( écrouées détenues ) (those, who are de facto held in penal institutions and those who have a status of detainees ). It is impossible to provide more accurate figures for the separate category of persons de facto held in penal institutions. Point (e) Legal measures of constraint.
59 GERMANY: Figures are on 31 st March 2009 instead of 1 st September 2009; Points (a), (b), and (c) It is not possible to keep these groups separate in the statistics; Point (g) Preventive detention. In this category are counted detainees which have already served their sentence, but who are kept in penitentiary facilities for security reasons (Sicherungsverwahrung). HUNGARY: Point (g) The category Other cases includes: o Detention arising from misdemeanor acts (127); o Imprisonment for administrative offences (15); o Forced medical treatment and temporary forced medical treatment (181). IRELAND: Point (g) 11 Immigration warrants. ITALY: Point (g) Internees (Internati) and temporary internees, that are persons held in Judicial Psychiatric Hospitals (Ospedali Psichiatrici Giudiziari), which are special penal institutions under the authority of the Penitentiary Administration, managed by a psychiatrist of the Penitentiary Administration. These prisoners may also be held in prison hospitals, as they are executing a security detention measure. LATVIA: Figures are on 1 st October 2009 instead of 1 st September 2009; Point (e) Are included information on the number of persons to whom fine and forced labour are replaced by the arrest. LITHUANIA: Figures are on 1 st July 2009 instead of 1 st September 2009; Point (b) Following the provisions of the Code of Criminal Procedure, sentenced prisoners after having submitted their written consent are able to start the service of their term of imprisonment before the hearing of their case in order of appeal. LUXEMBOURG: Point (g) Voluntary detained. MALTA: Point (g) 165 persons included under this heading are not counted among the total number of prisoners. MOLDOVA: Point (g) In this category are included prisoners; who are at the disposal of the prosecuting agencies and those who lodged a cassation appeal to the Supreme Court. MONACO: Point (d) The only detention facility in the Principality of Monaco is a remand centre. Only nationals are intended to serve their entire sentence. Aliens who received their final sentence to over six months of imprisonment are usually transferred to the prison of Nice. These transfers are regulated by an agreement between Monaco and France (Article 14 of the Treaty of Cooperation Convention de voisinage from 1963).
60 NETHERLANDS: Data are available for the population held in penal institutions (see general notes). The total number of prisoners does not refer to persons held in institutions for juvenile offenders, custodial clinics and institutions for aliens. Points (a) and (b) It is not possible to keep these groups separate in the statistics. Point (c) Are included persons who appealed. Prisoners sentenced but who have not appealed being still within the statutory limit to do so are counted under point (a). Point (g) The category Other cases includes other and unknown cases. NORWAY: Point (a) Under this heading are counted untried detainees as well as those who have been sentenced by a lower court but who appealed to a higher court. A person who is sentenced to imprisonment while remanded in custody and appeals against the sentence may remain classified as "remanded in custody" until the appeal is decided by a higher court. An exception this is where only the length of sentence is appealed against. In such cases the offender may elect to start serving the sentence pending the outcome of the appeal; Point (f) Those returned to prison for breach of conditions will, in many cases (all in 2009), be convicted for a new offence. Breach of conditions will be taken into account when passing sentence, but it is the new offence that will be registered. POLAND: Data relate to 31 st December 2009 instead of 1 st September 2009. PORTUGAL: Figures are on 31 st December 2009 instead of 1 st September 2009; Point (g) 250 detainees are under security measures (mentally ill persons), of which 96 are placed in special psychiatric institutions or in penitentiary hospitals, and 154 in nonpenitentiary hospitals. SPAIN (STATE ADMINISTRATION): Points (a), (b), and (c) It is not possible to keep these groups separate in the statistics. SPAIN (CATALONIA): Points (a), (b), and (c) It is not possible to keep these groups separate in the statistics. SWEDEN: Points (a), (b), and (c) It is not possible to keep these groups separate in the statistics; SWITZERLAND: Figures are on 2 nd September 2009 instead of 1 st September 2009; Points (b) and (c) It is not possible to keep these groups separate in the statistics; Point (g) The category Other cases includes: o Confinement for purposes of assistance within the meaning of Articles 314a and 397 of the Civil Code; o Detention in order to proceed to the expulsion or extradition of a person; o Persons waiting transfer from one penal institution to another; o Juveniles serving sentences of the Juvenile Criminal Law. TURKEY: Point (b) In the Turkish criminal justice system, a suspect or a detainee cannot be found guilty until final verdict. The jury system does not exist in the Turkish criminal justice system.
61 UKRAINE: Point (a) Additional categories are included under this heading: therapeutic prophylactic center alcoholics, sentenced prisoners in arrest houses, lifers, sentenced prisoners who are continued to be held at the remand prisons and are engaged in providing different services to the pre trial detainees (cooking, cleaning, laundry etc.), sentenced transit prisoners, sentenced prisoners who wait to be transferred. Point (f) Persons detained for fine conversion reasons (fine defaulters) are counted separately and not as part of the sentenced prisoners. UK: ENGLAND AND WALES: Figures are on 30 th June 2009 instead of 1 st September 2009; Point (e) Persons under this heading (113 persons) are not included in the total number of prisoners. Point (g) Non criminal population, held for civil offences. UK: NORTHERN IRELAND: Points (a) and (b) It is not possible to keep these groups separate in the statistics;
62 Table 5: Legal status of detainees not serving a final sentence on 1 st September 2009 (percentages and rates) Country Percentage of prisoners not serving a final sentence (1) Rate of prisoners not serving a final sentence per 100,000 inhabitants (1) Percentage of prisoners not serving a final sentence (2) Reference: Council of Europe, SPACE I 2009.5 Rate of Rate of untried Percentage of prisoners not detainees (no untried serving a final court decision detainees (no sentence per yet reached) court decision 100,000 per 100,000 yet reached) inhabitants (2) inhabitants a.1 b.1 a.2 b.2 c d Albania (33.6) (47.3) (33.6) (47.3) [33.6] [47.3] Andorra 44.1 35.5 44.1 35.5 42.6 34.3 Armenia 27.3 33.6 26.7 32.9 18.4 22.7 Austria Azerbaijan (13.5) (31.1) (13.5) (31.1) 11.8 27.2 Belgium 40.1 40.6 29.1 29.5 23.1 23.4 BH: Fed. BiH 15.3 8.7 15.3 8.7 12.9 7.3 BH: Republika Srpska 21.0 14.1 19.5 13.0 19.0 12.8 Bulgaria (16.6) (21.9) (16.6) (21.9) [16.6] [21.9] Croatia 24.8 27.3 24.8 27.3 24.8 27.3 Cyprus (42.2) (46.8) (42.2) (46.8) 42.2 46.8 Czech Republic NA NA NA NA NA NA Denmark 38.3 25.9 38.3 25.9 31.7 21.4 Estonia 23.5 62.4 23.5 62.4 23.5 62.4 Finland 16.0 10.8 16.0 10.8 16.0 10.8 France 23.5 24.3 23.5 24.3 17.8 18.3 Georgia Germany (16.2) (14.5) (15.5) (13.9) [15.5] [13.9] Greece Hungary 32.5 53.3 30.5 50.0 25.8 42.4 Iceland (29.7) (11.0) (29.7) (11.0) [29.7] [11.0] Ireland (14.8) (13.0) (14.5) (12.8) [14.5] [12.8] Italy 50.7 54.0 47.7 50.9 23.3 24.8 Latvia 28.5 88.1 19.3 59.7 6.0 18.5 Liechtenstein 57.1 11.2 57.1 11.2 0.0 0.0 Lithuania 16.7 41.3 16.7 41.3 11.2 27.8 Luxembourg 38.9 53.5 38.7 53.3 32.4 44.6 Malta 97.4 116.3 64.0 76.4 64.0 76.4 Moldova 12.2 23.2 12.2 23.2 2.4 4.6 Monaco 60.9 45.2 60.9 45.2 52.2 38.7 Montenegro Netherlands 48.9 34.5 47.0 33.2 36.4 25.7 Norway (23.8) (16.3) (23.8) (16.3) [23.8] [16.3] Poland (11.8) (25.9) (11.8) (25.9) 11.3 24.8 Portugal 21.5 22.5 19.3 20.1 14.0 14.6 Romania (14.6) (18.4) (14.6) (18.4) 9.2 11.5 Russian Federation San Marino 50.0 3.2 50.0 3.2 50.0 3.2 Serbia (Republic of) 24.8 34.7 24.8 34.7 3.1 4.3 Slovak Republic (17.7) (30.0) (17.7) (30.0) [17.7] [30.0] Slovenia 30.5 20.5 28.0 18.8 20.9 14.0 Spain (State Adm.) 20.8 36.0 20.8 36.0 20.8 36.0 Spain (Catalonia) 21.1 29.2 21.1 29.2 21.1 29.2 Sweden 21.7 16.7 21.7 16.7 21.7 16.7 Switzerland (49.3) (39.0) (49.3) (39.0) 39.5 31.2 the FYRO Macedonia 8.6 10.3 8.6 10.3 2.0 2.4 Turkey 51.7 83.5 51.7 83.5 34.7 56.1 Ukraine 22.7 72.2 22.7 72.2 15.5 49.2 UK: England and Wales (17.9) (27.3) (16.1) (24.6) 10.7 16.3 UK: Northern Ireland 37.8 30.7 37.8 30.7 37.2 30.2 UK: Scotland (92.4) (144.3) (19.6) (30.6) 13.6 21.2 Mean 31.6 36.7 28.4 32.0 22.5 25.2 Median 24.8 30.0 23.5 29.5 20.8 22.7 Minimum 8.6 3.2 8.6 3.2 0.0 0.0 Maximum 97.4 144.3 64.0 83.5 64.0 76.4
63 Notes Table 5 See notes to Table 4. TABLE 5 includes two different types of calculation for the category of prisoners not serving a final sentence : in the first case (a.1 and b.1), the category (g) Other cases from Table 4 is included, while in the second one (a.2 and b.2), that category is excluded. The second type of calculation has been introduced on the basis of additional information provided by the national correspondents, which can be found in the notes to Table 4. Indeed, it seems that a significant part of the persons included under the heading Other cases cannot be assimilated to persons waiting for a final sentence to be imposed (i.e. this category includes persons held for security reasons, persons held for civil reasons, etc.). Nevertheless, in order to ensure the comparability of the data with previous years reports, we have kept the first type of calculation (a.1 and b.1). In TABLE 4, when no data were available under heading (c) SENTENCED PRISONERS WHO HAVE APPEALED OR WHO ARE WITHIN THE STATUTORY TIME LIMIT FOR DOING SO" and no further information was provided, it is assumed that prisoners in that situation are included among those under heading (d) "SENTENCED PRISONERS (FINAL SENTENCE)". In that case, the results under headings Percentage of prisoners not serving a final sentence (a.1 and a.2) and those under headings Rate of prisoners not serving a final sentence per 100,000 inhabitants (b.1 and b.2) of TABLE 5 ARE PRESENTED BETWEEN BRACKETS AND MUST BE USED WITH CAUTION. In TABLE 4, when no data were available under heading (b) "PRISONERS CONVICTED BUT NOT YET SENTENCED" and no further information was provided, it cannot be excluded that prisoners in that situation are included among those under heading (a) "UNTRIED DETAINEES (NO COURT DECISION YET REACHED)". In that case, the results under heading (c) Percentage of untried detainees (not court decision yet reached) and those under heading (d) Rate of untried detainees (no court decision yet reached) per 100,000 inhabitants of TABLE 5 ARE PRESENTED BETWEEN SQUARE BRACKETS AND MUST BE USED WITH CAUTION.
64 Table 6: Breakdown of sentenced prisoners (final sentence) on 1 st September 2009, by main offence (numbers) Country Homicide (including attempts) Assault and Battery Rape Other types of sexual offences Robbery Reference: Council of Europe, SPACE I 2009.6 Albania 1 139 NA 86 NA 594 NA NA NA NA NA 1 156 2 975 Andorra 0 0 2 0 3 16 6 12 0 0 0 39 Armenia 840 42 1 279 46 347 131 216 2 901 Austria 5 542 Azerbaijan 2 426 849 271 NA 1 057 2 447 261 4 837 NA NA 5 557 17 705 Belgium 756 1 910 796 832 2 656 2 932 NA 2 371 NA NA 4 648 6 534 BH: BiH (state level) BH: Fed. BiH 309 76 50 42 338 177 43 177 15 23 122 1 372 BH: Republika Srpska 192 18 25 13 239 26 8 75 0 19 25 749 Bulgaria 1 123 206 458 179 1 648 4 387 513 605 79 86 NA 8 363 Croatia 454 108 245 48 383 586 51 765 0 NAP 952 3 592 Cyprus 49 14 22 5 20 122 0 95 0 0 183 510 Czech Republic 238 1 285 219 9 1 743 8 783 2 032 1 434 0 7 11 019 19 648 Denmark 180 540 53 68 289 318 NA 534 NA NA 313 2 295 Estonia 578 199 106 NAP 432 524 9 483 0 0 388 2 719 Finland 591 597 99 195 338 109 413 0 NA 582 3 014 France 3 470 12 437 7 839 5 158 3 951 4 050 7 342 NA NA 6 458 50 705 Georgia Germany 4 441 7 479 4 322 121 7 596 12 706 8 618 9 281 NA NA 6 823 61 387 Greece Hungary 1 181 796 243 NA 2 286 3 034 NA 291 4 NA 3 282 11 117 Iceland 18 14 7 6 45 81 Ireland 339 481 147 151 91 913 0 727 32 0 458 3 339 Italy 5 559 72 1 834 663 4 238 1 834 122 11 632 68 182 5 358 31 562 Latvia 610 413 245 89 1 572 1 138 58 704 0 7 171 5 007 Liechtenstein 0 0 0 1 0 1 0 0 0 0 1 3 Lithuania 1 804 396 400 NA 1 265 1 791 55 578 0 14 1 061 6 911 Luxembourg 52 19 27 4 52 50 12 149 20 385 Malta 24 2 11 NAP 81 2 NAP 95 NAP NAP 75 178 Moldova 1 267 512 384 461 1 792 36 255 0 46 713 5 466 Monaco 1 0 1 0 0 2 3 1 0 0 2 9 Montenegro Other types of theft Economic and financial offences Drug offences Terrorism Organised crime Other Total
65 Country Homicide (including attempts) Assault and Battery Rape Other types of sexual offences Robbery Netherlands 778 217 171 769 698 234 1 058 0 28 1 989 5 942 Norway 163 247 140 135 135 216 142 750 1 NAP 481 2 503 Poland 4 931 NA 2 030 999 11 858 16 963 644 NA NA 450 36 241 74 116 Portugal 1 219 136 234 250 1 350 1 231 NA 2 026 2 512 8 708 Romania 5 703 464 1 502 81 4 588 6 796 718 967 3 34 2 226 23 082 Russian Federation San Marino 0 0 0 0 0 0 1 0 0 0 1 Serbia 891 572 259 175 1 124 2 012 264 1 247 26 64 1 123 7 757 Slovak Republic 497 78 138 128 1 132 1 494 NA 464 0 1 NA 7 411 Slovenia 108 37 42 93 181 137 43 85 0 57 165 948 Spain (State Adm.) 2 620 2 505 2 051 841 16 675 1 441 1 516 14 171 441 982 10 611 53 854 Spain (Catalonia) 536 381 370 150 1 558 1 516 216 2 111 0 0 1 333 8 171 Sweden 557 709 274 183 530 372 230 1 640 NA NA 991 5 486 Switzerland NA NA NA NA NA NA NA NA NA NA NA 3 084 the FYRO Macedonia 214 55 37 111 92 926 46 304 55 74 336 2 250 Turkey 9 221 1 258 222 1 516 6 986 8 098 7 220 2 784 528 17 851 55 684 Ukraine 18 992 10 742 2 615 NA 13 883 25 000 NA 19 117 NAP NAP NA 109 920 UK: England and Wales 7 299 12 647 4 535 3 437 9 049 11 266 1 875 10 696 NA NA 7 571 68 375 UK: Northern Ireland 166 191 36 99 107 72 28 82 NA NA 125 906 UK: Scotland 1 011 866 176 194 421 670 NA 896 1 NA 2 288 6 524 Other types of theft Economic and financial offences Drug offences Terrorism Organised crime Other Total
66 Notes Table 6 ALBANIA: The only categories for which statistics are available are: Homicides, Rape and Robbery. All other offences have been included under the heading Other cases, as the distribution is not available in national reports. ARMENIA: Categories of Homicide and Assault and battery cannot be separated in these statistics; Categories of Rape and Other types of sexual offences cannot be separated in these statistics; Categories of Robbery and Other types of theft cannot be separated in these statistics. AUSTRIA: Only the total number of sentenced prisoners (final sentence) has been provided for this year s report. BELGIUM: The main offence rule is not well defined. Therefore, prisoners sentenced for more than one offence can be counted several times. Indeed, the information in this Table relates to the number of prisoners with a final relative sentence concerning at least one offence of the corresponding category. Therefore the total number exceeds the number of sentenced prisoners. Other cases : For 6 detainees (not included in this category) the record on the type of offence was missing. BOSNIA AND HERZEGOVINA (STATE LEVEL PRISON ADMINISTRATION): Just one pre trial detention unit, consequently figures on sentenced prisoners are not available for this administrative area. BOSNIA AND HERZEGOVINA (REPUBLIKA SRPSKA): The main offence rule is not well defined. Therefore, prisoners sentenced for more than one offence can be counted several times. BULGARIA: The main offence rule is not well defined. Therefore, prisoners sentenced for more than one offence can be counted several times. CROATIA: Organized criminal acts are aggravating circumstances in determining the sentence and not a special type of crime. CZECH REPUBLIC: Figures are on 31 st August 2009 instead of 1 st September 2009; The main offence rule is not well defined. Therefore, prisoners sentenced for more than one offence can be counted several times. The distribution by main offence rule may be found at the Ministry of Justice, but is not available at Prison Administration. DENMARK: The category of Homicide may include the particularly grievous assault.
67 FINLAND: Figures are on 1 st May 2009 instead of 1 st September 2009; Categories of Rape and Other types of sexual offences cannot be separated in these statistics: are included all types of sexual offences; Main offence of fine defaulters (90 persons) is not available. FRANCE: Figures are on 1 st October 2009 instead of 1 st September 2009; Categories of Rape and Other types of sexual offences cannot be separated in these statistics: are included all types of sexual offences; Under the heading Economic and financial offences are included: fraud, breach of faith, handling stolen goods, forgery and use of forged documents. GERMANY: Figures are on 31 st March 2009 instead of 1 st September 2009. IRELAND: Under the heading Other cases are included criminal damage, public order, road traffic offences, firearms/offensive weapons, damage to property, attempted burglary and miscellaneous. ITALY: LATVIA: In the category of Terrorism are included all types of crimes supplied in the Criminal Code under the denomination of crimes against the personality of the State. Figures are on 1 st October 2009 instead of 1 st September 2009. LIECHTENSTEIN: Under the heading Other cases is included the fine defaulter. LITHUANIA: Figures are on 1 st July 2009 instead of 1 st September 2009; Following legal provisions of the Code of Criminal Proceedings, sentenced prisoners may start serving their term of imprisonment prior to the appeal hearing of the case in court provided they declared their request in written form. This is the reason why sentenced prisoners who have appealed or who are within the statutory limit for doing so, also convicted prisoners, but not yet sentenced included in the present survey are accounted for together with the sentenced prisoners with final sentence and serving their term of imprisonment. MALTA: The main offence rule is not applied in Malta. Many residents are sentenced on a number of charges. Figures include all the charges that the residents were sentenced upon; Assault and Battery Grievous Bodily Harm cases also included. MOLDOVA: Categories of Rape and Other types of sexual offences cannot be separated in these statistics: are included all types of sexual offences. MONACO: One person was sentenced for theft and drug offence.
68 NETHERLANDS: Data are available for the population held in penal institutions (see general notes). The total number of prisoners does not refer to persons held in institutions for juvenile offenders custodial clinics, and in institution for administrative aliens. Categories of Rape and Other types of sexual offences cannot be separated in these statistics: are included all types of sexual offences. NORWAY: Organized Crime is not itself classified as offence, but is aggravating element that may result in longer sentences. It is not possible to quantify these categories of offences. POLAND: Figures are on 31 st December 2009 instead of 1 st September 2009. PORTUGAL: Figures are on 31 st December 2009 instead of 1 st September 2009; Under the distribution of the sentenced prisoners are not included 250 mentally ill offenders, which are counted separately. SPAIN (STATE ADMINISTRATION): Under the heading Other types of sexual offences are included abuse, harassment, exhibition; Under the heading Other types of theft are included, among others, thefts for own use of the vehicles; Under the heading Economic and financial crimes are included other socioeconomic crimes and crimes against public finance; Under the heading Drug offences are included crimes against public health; Under the heading Organised crime are included offences related to the prostitution, offences related to the right of workers and the weapons trafficking; Under the heading Other cases, among others, are included 842 persons sentenced for the crimes against traffic safety. SWEDEN: Figures are on 1 st October 2009 instead of 1 st September 2009. SWITZERLAND: Figures are on 2 nd September 2009 instead of 1 st September 2009; The total number of sentenced prisoners (final sentence) has been taken from point (d) of Table 4. UKRAINE: The main offence rule is not well defined. Therefore, prisoners sentenced for more than one offence can be counted several times. Sentenced juveniles (less than 18 years) are not included in the total number of prisoners in this Table.
69 UK: ENGLAND AND WALES: Figures are on 30 th June 2009 instead of 1 st September 2009; Under the headings Terrorism and Organised Crime offences there is no information provided. These prisoners are recorded in other cells of the table depending on the type of offence; The numbers recorded under Economic and financial offences are taken from the "Fraud and Forgery" category as used in England and Wales. As this category did not feature in 2008 there is a substantial fall in the number in the other cases category where it was previously recorded. UK: SCOTLAND: In the category of Rape are also included prisoners sentenced for attempted rape; The type of offence is not always known for the prisoners recalled from custody.
70 Table 7: Breakdown of sentenced prisoners (final sentence) on 1 st September 2009, by main offence (percentages) Reference: Council of Europe, SPACE I 2009.7 Country Homicide (including attempts) Assault and Battery Rape Other types of sexual offences Robbery Other types of theft Economic and financial offences Drug offences Terrorism Organised crime Other Albania 38.3 NA 2.9 NA 20.0 NA NA NA NA NA 38.9 Andorra 0.0 0.0 5.1 0.0 7.7 41.0 15.4 30.8 0.0 0.0 0.0 Armenia 29.0 1.4 44.1 1.6 12.0 4.5 7.4 Austria Azerbaijan 13.7 4.8 1.5 NA 6.0 13.8 1.5 27.3 NA NA 31.4 Belgium (11.6) (29.2) (12.2) (12.7) (40.6) (44.9) NA (36.3) NA NA (71.1) BH: BiH (st. level) BH: Fed. BiH 22.5 5.5 3.6 3.1 24.6 12.9 3.1 12.9 1.1 1.7 8.9 BH: Rep. Srpska (25.6) (2.4) (3.3) (1.7) (31.9) (3.5) (1.1) (10.0) (0.0) (2.5) (3.3) Bulgaria (13.4) (2.5) (5.5) (2.1) (19.7) (52.5) (6.1) (7.2) (0.9) (1.0) NA Croatia 12.6 3.0 6.8 1.3 10.7 16.3 1.4 21.3 0.0 NAP 26.5 Cyprus 9.6 2.7 4.3 1.0 3.9 23.9 0.0 18.6 0.0 0.0 35.9 Czech Republic (1.2) (6.5) (1.1) (0.0) (8.9) (44.7) (10.3) (7.3) (0.0) (0.0) (56.1) Denmark 7.8 23.5 2.3 3.0 12.6 13.9 NA 23.3 NA NA 13.6 Estonia 21.3 7.3 3.9 NAP 15.9 19.3 0.3 17.8 0.0 0.0 14.3 Finland 19.6 19.8 3.3 6.5 11.2 3.6 13.7 0.0 NA 19.3 France 6.8 24.5 15.5 10.2 7.8 8.0 14.5 NA NA 12.7 Georgia Germany 7.2 12.2 7.0 0.2 12.4 20.7 14.0 15.1 NA NA 11.1 Greece Hungary 10.6 7.2 2.2 NA 20.6 27.3 NA 2.6 0.0 NA 29.5 Iceland (22.2) (17.3) (8.6) (7.4) (55.6) Ireland 10.2 14.4 4.4 4.5 2.7 27.3 0.0 21.8 1.0 0.0 13.7 Italy 17.6 0.2 5.8 2.1 13.4 5.8 0.4 36.9 0.2 0.6 17.0 Latvia 12.2 8.2 4.9 1.8 31.4 22.7 1.2 14.1 0.0 0.1 3.4 Liechtenstein 0.0 0.0 0.0 33.3 0.0 33.3 0.0 0.0 0.0 0.0 33.3 Lithuania (26.1) (5.7) (5.8) NA (18.3) (25.9) (0.8) (8.4) (0.0) (0.2) (15.4) Luxembourg 13.5 4.9 7.0 1.0 13.5 13.0 3.1 38.7 5.2 Malta (13.5) (1.1) (6.2) NAP (45.5) (1.1) NAP (53.4) NAP NAP (42.1) Moldova 23.2 9.4 7.0 8.4 32.8 0.7 4.7 0.0 0.8 13.0 Monaco (11.1) (0.0) (11.1) (0.0) (0.0) (22.2) (33.3) (11.1) (0.0) (0.0) (22.2) Montenegro Netherlands 13.1 3.7 2.9 12.9 11.7 3.9 17.8 0.0 0.5 33.5 Norway 6.5 9.9 5.6 5.4 5.4 8.6 5.7 30.0 0.0 NAP 19.2 Poland 6.7 NA 2.7 1.3 16.0 22.9 0.9 NA NA 0.6 48.9 Portugal 14.0 1.6 2.7 2.9 15.5 14.1 NA 23.3 28.8 Romania 24.7 2.0 6.5 0.4 19.9 29.4 3.1 4.2 0.0 0.1 9.6 Russian Fed. San Marino 0.0 0.0 0.0 0.0 0.0 0.0 100.0 0.0 0.0 0.0 Serbia 11.5 7.4 3.3 2.3 14.5 25.9 3.4 16.1 0.3 0.8 14.5 Slovak Republic (6.7) (1.1) (1.9) (1.7) (15.3) (20.2) NA (6.3) (0.0) (0.0) NA Slovenia 11.4 3.9 4.4 9.8 19.1 14.5 4.5 9.0 0.0 6.0 17.4 Spain (State Adm.) 4.9 4.7 3.8 1.6 31.0 2.7 2.8 26.3 0.8 1.8 19.7 Spain (Catalonia) 6.6 4.7 4.5 1.8 19.1 18.6 2.6 25.8 0.0 0.0 16.3 Sweden 10.2 12.9 5.0 3.3 9.7 6.8 4.2 29.9 NA NA 18.1 Switzerland NA NA NA NA NA NA NA NA NA NA NA FYRO Macedonia 9.5 2.4 1.6 4.9 4.1 41.2 2.0 13.5 2.4 3.3 14.9 Turkey 16.6 2.3 0.4 2.7 12.5 14.5 13.0 5.0 0.9 32.1 Ukraine (17.3) (9.8) (2.4) NA (12.6) (22.7) NA (17.4) NAP NAP NA UK: Engl. & Wales 10.7 18.5 6.6 5.0 13.2 16.5 2.7 15.6 NA NA 11.1 UK: North. Ireland 18.3 21.1 4.0 10.9 11.8 7.9 3.1 9.1 NA NA 13.8 UK: Scotland 15.5 13.3 2.7 3.0 6.5 10.3 NA 13.7 0.0 NA 35.1 Mean 13.1 7.7 4.6 3.9 14.4 19.7 4.5 18.7 0.5 0.8 21.4 Median 11.9 4.9 4.1 2.1 12.8 17.5 3.0 15.4 0.0 0.2 17.0 Minimum 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Maximum 38.3 29.2 17.3 33.3 45.5 52.5 33.3 55.6 5.0 6.0 71.1
71 Table 8: Breakdown of sentenced prisoners (final sentence) on 1 st September 2009, by length of sentence (numbers) (A) LESS THAN 1 MONTH (B) FROM 1 MONTH TO LESS THAN 3 MONTHS (C) FROM 3 MONTHS TO LESS THAN 6 MONTHS (D) FROM 6 MONTHS TO LESS THAN ONE YEAR (E) FROM 1 YEAR TO LESS THAN 3 YEARS (F) FROM 3 YEARS TO LESS THAN 5 YEARS (G) FROM 5 YEARS TO LESS THAN 10 YEARS (H) FROM 10 YEARS TO LESS THAN 20 YEARS (I) 20 YEARS AND OVER (J) LIFE IMPRISONMENT (K) PRISONERS SENTENCED TO DEATH Reference: Council of Europe, SPACE I 2009.8 Country (A) (B) (C) (D) (E) (F) (G) (H) (I) (J) (K) Albania NAP 287 255 655 (1 061) (343) 248 126 NAP Andorra 5 8 5 2 7 5 6 1 0 0 NAP Armenia NAP 62 359 818 1 181 387 94 NAP Austria Azerbaijan (2 356) (8 510) (4 798) (1 802) NAP 239 NAP Belgium 0 3 15 244 1 085 1 721 2 058 698 474 236 NAP BH: Fed. BiH 14 53 125 169 370 197 223 187 34 NA NAP BH: Republika Srpska 5 20 45 59 177 143 155 153 17 0 NAP Bulgaria 3 286 752 1 401 2 646 1 131 984 979 32 149 NAP Croatia 117 83 130 393 1 073 729 638 345 84 NAP NAP Cyprus 10 29 45 54 123 72 75 74 11 17 NAP Czech Republic 64 373 2 155 4 782 6 475 1 895 2 328 (1 034) (218) 38 NAP Denmark 35 162 223 335 721 268 295 185 3 20 NAP Estonia 0 43 141 153 701 694 628 296 29 36 NAP Finland 85 296 295 443 1 090 337 267 19 0 152 NAP France 8 925 8 659 14 341 5 402 4 796 6 391 1 666 519 NAP Georgia Germany 980 5 314 7 733 (12 042) (12 007) (15 402) (5 012) (888) NAP 2 009 NAP Greece Hungary 31 59 256 1 504 4 080 2 019 2 112 803 20 233 NAP Iceland 26 24 NAP Ireland 18 28 84 318 835 741 772 247 20 276 NAP Italy 82 139 548 2 348 8 134 7 460 6 174 3 560 1 679 1 438 NAP Latvia 3 21 28 228 1 217 1 048 1 796 614 6 46 NAP Liechtenstein 0 1 1 0 1 0 0 0 0 0 NAP Lithuania 22 99 134 384 2 237 1 585 1 634 1 142 21 106 NAP Luxembourg 1 0 5 19 107 64 81 63 32 13 NAP
72 Country (A) (B) (C) (D) (E) (F) (G) (H) (I) (J) (K) Malta 73 46 88 75 160 46 36 57 26 8 NAP Moldova NAP NAP NAP 72 475 1 148 1 686 1 615 384 86 NAP Monaco 0 3 1 1 1 1 0 2 0 0 NAP Montenegro Netherlands 764 638 481 843 1 402 516 631 375 25 24 NAP Norway 98 378 231 330 613 303 250 187 20 NAP NAP Poland NAP 681 5 002 14 923 30 997 8 652 5 826 2 973 1 515 245 NAP Portugal 4 80 185 397 1 243 1 496 3 241 1 423 284 NAP NAP Romania 181 18 110 487 4 159 5 763 6 623 4 756 847 138 NAP Russian Federation San Marino 0 0 0 0 1 0 0 0 0 0 NAP Serbia 247 1 385 1 558 1 372 1 385 769 613 364 64 0 NAP Slovak Republic 50 154 619 1 345 2 312 849 1 465 507 78 32 NAP Slovenia 0 4 39 79 317 206 186 100 17 0 NAP Spain (State Adm.) NAP NAP NA NA NA NA NA NA 991 NAP NAP Spain (Catalonia) 55 41 138 235 1 296 2 002 2 601 1 475 328 NAP NAP Sweden 12 358 296 626 1 914 911 429 156 NAP Switzerland NA NA NA NA NA NA NA NA NA NA NAP FYRO Macedonia 3 12 96 324 710 456 412 210 NA 27 NAP Turkey NA NA NA NA NA NA NA NA NA NA NAP Ukraine NAP NAP NAP 867 18 201 35 901 40 836 12 263 288 1 564 NAP UK: England and Wales 319 1 466 3 330 2 465 19 963 13 178 11 439 3 399 296 12 521 NAP UK: Northern Ireland 30 8 53 62 150 124 177 121 6 175 NAP UK: Scotland 9 112 371 857 1 646 986 954 209 2 762 NAP General remarks: Some countries could have included persons sentenced to security measures (mentally ill offenders and persons considered as dangerous) under the category life imprisonment because in such cases the length of detention/imprisonment is not fixed. However, as a rule, such persons have been excluded from the distribution, and counted separately (see notes to Table 8). Several figures are presented between brackets because they do not correspond to the categorization of the length of sentences used in the SPACE questionnaire.
73 Notes Table 8 ALBANIA: Point (G) From 5 to less than 15 years (instead of 5 years to less than 10 years); Point (H) From 15 to less than 20 years (instead of 10 years to less than 20 years). AZERBAIJAN: Points (A), (B), (C), (D), and (E) Less than 2 years. These categories cannot be separated in these statistics; Point (F) 2 years to less than 7 years (instead of 3 years to less than 5 years); Point (G) 7 years to less than 12 years (instead of 5 years to less than 10 years); Points (H) 12 years to less than 15 years (instead of 10 years to less than 20 years). CZECH REPUBLIC: Figures are on 31 st December 2009 instead of 1 st September 2009; Point (H) 10 years to less than 15 years (instead of 10 years to less than 20 years); Point (I) 15 years to 25 years (instead of 20 years and over). DENMARK: Other (not presented in the Table) Preventive detention : sentence not limited in time and given to persons who are mentally disturbed 32 prisoners. Prisoners convicted according to Criminal Law of Greenland (special measures against mentally ill people and particularly dangerous people) 16 prisoners. These measures have no time limits; though, annually an evaluation is made in order to establish if these prisoners could be released on a trial basis. FINLAND: Data relate to 1 st May 2009 instead of 1 st September 2009; Other (not presented in the Table) 30 prisoners whose sentences were not yet counted (the administrative process is in process) or prisoners who run away. FRANCE: Data relate to 1 st October 2009 instead of 1 st September 2009; Points (A), (B), and (C) It is not possible to keep these groups separate in the statistics; Data relate to the whole of the penal population, and not only on thus who are held in penal institutions. Nevertheless, 6 judicial restraints are not included in the distribution. GERMANY: Data relate to 31 st March 2009 instead of 1 st September 2009; Point (D) 6 moths to 1 year (instead of 6 months to less than 1 year); Point (E) more than 1 year to 2 years (instead of 1 year to less than 3 years); Point (F) more than 2 years to 5 years (instead of 3 year to less than 5 years); Point (G) more than 5 years to 10 years (instead of 5 years to less than 10 years); Point (H) more than 10 years to 15 years (instead of 10 years to less than 20 years). LATVIA: Figures are on 1 st October 2009 instead of 1 st September 2009; Point (K) In Latvia the death penalty is not applicable for the crimes committed in a peace time. The Criminal Law of Latvia provides the possibility of application of the death sentence for the crimes perpetrated in wartime.
74 LITHUANIA: Figures are on 1 st July 2009 instead of 1 st September 2009; Following legal provisions of the Code of Criminal Proceedings, sentenced prisoners may start serving their term of imprisonment prior to the appeal hearing of the case in court provided they declared their request in written form. This is the reason why sentenced prisoners who have appealed or who are within the statutory limit for doing so, also convicted prisoners, but not yet sentenced included in the present survey are accounted for together with the sentenced prisoners with final sentence and serving their term of imprisonment. MALTA: The main offence rule is not applied in Malta. Many residents are sentenced on a number of charges. Figures include all the charges that the residents were sentenced upon. Therefore, the distribution by length is as well influenced by this particularity. MOLDOVA: In the Moldavian Criminal Code (art. 70 CPRM) sentences with deprivation of freedom cannot be stated for less than 6 months. However, there exist arrests (art. 68 CPRM) which cannot be included under the same heading. NETHERLANDS: Other (not presented in the Table) 243 prisoners held in different penitentiary institutions. The information about the length of the sentence is not available. POLAND: Figures are on 31 st December 2009 instead of 1 st September 2009; Other (not presented in the Table) In this category are included 3,302 persons serving substitutive imprisonment lengths of less than 12 months. PORTUGAL: Figures are on 31 st December 2009 instead of 1 st September 2009; Other (not presented in the Table) 560 prisoners held in different penitentiary institutions. 46 prisoners sentenced to the indeterminate length, 309 with nonconsecutive days of imprisonment, and 250 detainees are under security measures (mentally ill persons), of which 96 are placed in special psychiatric institutions or in penitentiary hospitals, and 154 in non penitentiary hospitals. SLOVENIA: Point (J) Life imprisonment has been introduced by the Parliament as sentence in the Criminal Code in 2008. SWEDEN: Figures are on 1 st October 2009 instead of 1 st September 2009 UKRAINE: Point (H) 10 years to less than 15 years (instead of 10 years to less than 20 years). Point (I) 15 years and over (instead of 20 years and over). UK: ENGLAND AND WALES: Figures are on 30 th June 2009 instead of 1 st September 2009; Fine defaulters are not included in the distribution. UK: SCOTLAND: Other (not presented in the Table) 615 prisoners recalled from supervision/conditional release.
75 Table 9: Breakdown of sentenced prisoners (final sentence) on 1 st September 2009, by length of sentence (percentages) (A) LESS THAN 1 MONTH (B) FROM 1 MONTH TO LESS THAN 3 MONTHS (C) FROM 3 MONTHS TO LESS THAN 6 MONTHS (D) FROM 6 MONTHS TO LESS THAN ONE YEAR (E) FROM 1 YEAR TO LESS THAN 3 YEARS (F) FROM 3 YEARS TO LESS THAN 5 YEARS (G) FROM 5 YEARS TO LESS THAN 10 YEARS (H) FROM 10 YEARS TO LESS THAN 20 YEARS (I) 20 YEARS AND OVER (J) LIFE IMPRISONMENT (K) PRISONERS SENTENCED TO DEATH Reference: Council of Europe, SPACE I 2009.9 Country (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) Albania NAP 9.6 8.6 22.0 35.7 11.5 8.3 4.2 NAP Andorra 12.8 20.5 12.8 5.1 17.9 12.8 15.4 2.6 0.0 0.0 NAP Armenia NAP 2.1 12.4 28.2 40.7 13.3 NAP 3.2 NAP Azerbaijan 13.3 48.1 27.1 10.2 NAP 1.3 NAP Belgium 0.0 0.0 0.2 3.7 16.6 26.3 31.5 10.7 7.3 3.6 NAP BH: Fed. BiH 1.0 3.9 9.1 12.3 27.0 14.4 16.3 13.6 2.5 NA NAP BH: Republika Srpska 0.7 2.7 6.0 7.9 23.6 19.1 20.7 20.4 2.3 0.0 NAP Bulgaria 0.0 3.4 9.0 16.8 31.6 13.5 11.8 11.7 0.4 1.8 NAP Croatia 3.3 2.3 3.6 10.9 29.9 20.3 17.8 9.6 2.3 NAP NAP Cyprus 2.0 5.7 8.8 10.6 24.1 14.1 14.7 14.5 2.2 3.3 NAP Czech Republic 0.3 1.9 11.0 24.3 33.0 9.6 11.8 5.3 1.1 0.2 NAP Denmark 1.5 7.1 9.7 14.6 31.4 11.7 12.9 8.1 0.1 0.9 NAP Estonia 0.0 1.6 5.2 5.6 25.8 25.5 23.1 10.9 1.1 1.3 NAP Finland 2.8 9.8 9.8 14.7 36.2 11.2 8.9 0.6 0.0 5.0 NAP France 17.6 17.1 28.3 10.7 9.5 12.6 3.3 1.0 NAP Germany 1.6 8.7 12.6 19.6 19.6 25.1 8.2 1.4 NAP 3.3 NAP Hungary 0.3 0.5 2.3 13.5 36.7 18.2 19.0 7.2 0.2 2.1 NAP Iceland NA NA NA NA NA NA NA NA NA NA NAP Ireland 0.5 0.8 2.5 9.5 25.0 22.2 23.1 7.4 0.6 8.3 NAP Italy 0.3 0.4 1.7 7.4 25.8 23.6 19.6 11.3 5.3 4.6 NAP Latvia 0.1 0.4 0.6 4.6 24.3 20.9 35.9 12.3 0.1 0.9 NAP Liechtenstein 0.0 33.3 33.3 0.0 33.3 0.0 0.0 0.0 0.0 0.0 NAP Lithuania 0.3 1.4 1.9 5.6 32.4 22.9 23.6 16.5 0.3 1.5 NAP Luxembourg 0.3 0.0 1.3 4.9 27.8 16.6 21.0 16.4 8.3 3.4 NAP Malta 41.0 25.8 49.4 42.1 89.9 25.8 20.2 32.0 14.6 4.5 NAP Moldova NAP NAP NAP 1.3 8.7 21.0 30.8 29.5 7.0 1.6 NAP Monaco 0.0 33.3 11.1 11.1 11.1 11.1 0.0 22.2 0.0 0.0 NAP Netherlands 12.9 10.7 8.1 14.2 23.6 8.7 10.6 6.3 0.4 0.4 NAP Norway 3.9 15.1 9.2 13.2 24.5 12.1 10.0 7.5 0.8 NAP NAP Poland NAP 0.9 6.7 20.1 41.8 11.7 7.9 4.0 2.0 0.3 NAP Portugal 0.0 0.9 2.1 4.6 14.3 17.2 37.2 16.3 3.3 NAP NAP Romania 0.8 0.1 0.5 2.1 18.0 25.0 28.7 20.6 3.7 0.6 NAP San Marino 0.0 0.0 0.0 0.0 100.0 0.0 0.0 0.0 0.0 0.0 NAP Serbia (Republic of) 3.2 17.9 20.1 17.7 17.9 9.9 7.9 4.7 0.8 0.0 NAP Slovak Republic 0.7 2.1 8.4 18.1 31.2 11.5 19.8 6.8 1.1 0.4 NAP Slovenia 0.0 0.4 4.1 8.3 33.4 21.7 19.6 10.5 1.8 0.0 NAP Spain (State Adm.) NA NA NA NA NA NA NA NA 1.8 NAP NAP Spain (Catalonia) 0.7 0.5 1.7 2.9 15.9 24.5 31.8 18.1 4.0 NAP NAP Sweden 0.2 6.5 5.4 11.4 34.9 16.6 7.8 2.8 NAP Switzerland NA NA NA NA NA NA NA NA NA NA NAP the FYRO Macedonia 0.1 0.5 4.3 14.4 31.6 20.3 18.3 9.3 NA 1.2 NAP Turkey NA NA NA NA NA NA NA NA NA NA NAP Ukraine NAP NAP NAP 0.8 16.6 32.7 37.2 11.2 0.3 1.4 NAP UK: England and Wales 0.5 2.1 4.9 3.6 29.2 19.3 16.7 5.0 0.4 18.3 NAP UK: Northern Ireland 3.3 0.9 5.8 6.8 16.6 13.7 19.5 13.4 0.7 19.3 NAP UK: Scotland 0.1 1.7 5.7 13.1 25.2 15.1 14.6 3.2 0.0 11.7 NAP Mean 3.4 6.2 8.0 10.6 28.2 18.0 18.7 10.9 2.3 3.0 Median 0.5 2.1 5.8 10.6 25.8 17.7 18.7 10.7 1.1 1.4 Minimum 0.0 0.0 0.0 0.0 8.6 0.0 0.0 0.0 0.0 0.0 Maximum 41.0 33.3 49.4 42.1 100.0 48.1 40.7 32.0 14.6 19.3
76 Table 10: Breakdown of sentenced prisoners (final sentence) on 1 st September 2009, by length of sentence (cumulative percentages) Country Less than 1 year 1 year and over (fixedterm sentence) 3 years and over (fixedterm sentence) 5 years and over (fixedterm sentence) Reference: Council of Europe, SPACE I 2009.10 10 years and Total fixedterm imprisonme life over (fixedterm sentences nt [Table 9] sentence) Albania 9.6 86.1 77.5 55.5 19.9 95.8 4.2 Andorra 51.3 48.7 30.8 17.9 2.6 100.0 0.0 Armenia 2.1 94.6 82.2 54.1 13.3 96.8 3.2 Austria Azerbaijan 13.3 85.3 85.3 37.3 10.2 98.7 1.3 Belgium 4.0 92.4 75.8 49.4 17.9 96.4 3.6 BH: BiH (state level) BH: Fed. BiH 26.3 73.7 46.7 32.4 16.1 100.0 NA BH: Republika Srpska 17.2 86.1 62.5 43.4 22.7 103.3 0.0 Bulgaria 29.2 69.0 37.4 23.9 12.1 98.2 1.8 Croatia 20.1 79.9 50.0 29.7 11.9 100.0 NAP Cyprus 27.1 69.6 45.5 31.4 16.7 96.7 3.3 Czech Republic 37.5 60.8 27.9 18.2 6.4 98.4 0.2 Denmark 32.9 64.1 32.7 21.0 8.2 97.0 0.9 Estonia 12.4 86.4 60.6 35.0 12.0 98.7 1.3 Finland 37.1 56.8 20.7 9.5 0.6 94.0 5.0 France 34.7 64.3 36.0 25.3 15.9 99.0 1.0 Georgia Germany 42.5 54.3 34.7 9.6 1.4 96.7 3.3 Greece Hungary 16.6 81.3 44.6 26.4 7.4 97.9 2.1 Iceland NA NA NA NA NA NA NA Ireland 13.4 78.3 53.3 31.1 8.0 91.7 8.3 Italy 9.9 85.6 59.8 36.2 16.6 95.4 4.6 Latvia 5.6 93.5 69.2 48.3 12.4 99.1 0.9 Liechtenstein 66.7 33.3 0.0 0.0 0.0 100.0 0.0 Lithuania 9.2 95.8 63.4 40.5 16.8 105.0 1.5 Luxembourg 6.5 90.1 62.3 45.7 24.7 96.6 3.4 Malta NA NA NA NA NA NA 4.5 Moldova 1.3 97.1 88.4 67.4 36.6 98.4 1.6 Monaco 55.6 44.4 33.3 22.2 22.2 100.0 0.0 Montenegro Netherlands 45.9 49.6 26.0 17.4 6.7 95.5 0.4 Norway 41.4 54.9 30.4 18.3 8.3 96.3 NAP Poland 27.8 67.4 25.6 13.9 6.1 95.2 0.3 Portugal 7.6 88.3 74.0 56.8 19.6 95.9 NAP Romania 3.4 96.0 77.9 53.0 24.3 99.4 0.6 Russian Federation San Marino 0.0 100.0 0.0 0.0 0.0 100.0 0.0 Serbia 58.8 41.2 23.3 13.4 5.5 100.0 0.0 Slovak Republic 29.3 70.3 39.1 27.7 7.9 99.6 0.4 Slovenia 12.9 87.1 53.7 32.0 12.3 100.0 0.0 Spain (State Adm.) 0.0 1.8 1.8 1.8 1.8 1.8 NAP Spain (Catalonia) 5.7 94.3 78.4 53.9 22.1 100.0 NAP Sweden 23.6 59.3 24.4 7.8 0.0 82.9 2.8 Switzerland NA NA NA NA NA NA NA the FYRO Macedonia 19.3 79.5 47.9 27.6 9.3 98.8 1.2 Turkey NA NA NA NA NA NA NA Ukraine 0.8 97.8 81.2 48.6 11.4 98.6 1.4 UK: England and Wales 11.1 70.6 41.4 22.1 5.4 81.7 18.3 UK: Northern Ireland 16.9 63.8 47.2 33.6 14.0 80.7 19.3 UK: Scotland 20.7 58.2 33.0 17.9 3.2 78.9 11.7 Mean 21.6 72.7 47.3 29.9 11.7 93.8 3.0 Median 17.1 76.0 46.1 28.7 11.7 98.1 1.4 Minimum 0.0 1.8 0.0 0.0 0.0 1.8 0.0 Maximum 66.7 100.0 88.4 67.4 36.6 100.0 19.3
77 Table 11: Breakdown of prisoners sentenced to less than one year (final sentence) on 1 st September 2009, by length of sentence (percentages) Country Less than 1 month 1 month to less than 3 months Reference: Council of Europe, SPACE I 2009.11 3 months to less 6 months to less Total less than than 6 months than 1 year 1 year Albania NAP 100.0 100.0 Andorra 25.0 40.0 25.0 10.0 100.0 Armenia NAP 100.0 100.0 Austria Azerbaijan NA NA NA NA NA Belgium 0.0 1.1 5.7 93.1 100.0 BH: BiH (state level) BH: Fed. BiH 3.9 14.7 34.6 46.8 100.0 BH: Republika Srpska 3.9 15.5 34.9 45.7 100.0 Bulgaria 0.1 11.7 30.8 57.4 100.0 Croatia 16.2 11.5 18.0 54.4 100.0 Cyprus 7.2 21.0 32.6 39.1 100.0 Czech Republic 0.9 5.1 29.2 64.8 100.0 Denmark 4.6 21.5 29.5 44.4 100.0 Estonia 0.0 12.8 41.8 45.4 100.0 Finland 7.6 26.5 26.4 39.6 100.0 France 50.8 49.2 100.0 Georgia Germany 3.8 20.4 29.7 46.2 100.0 Greece Hungary 1.7 3.2 13.8 81.3 100.0 Iceland 57.7 42.3 100.0 Ireland 4.0 6.3 18.8 71.0 100.0 Italy 2.6 4.5 17.6 75.3 100.0 Latvia 1.1 7.5 10.0 81.4 100.0 Liechtenstein 0.0 50.0 50.0 0.0 100.0 Lithuania 3.4 15.5 21.0 60.1 100.0 Luxembourg 4.0 0.0 20.0 76.0 100.0 Malta 25.9 16.3 31.2 26.6 100.0 Moldova NAP NAP NAP 100.0 100.0 Monaco 0.0 60.0 20.0 20.0 100.0 Montenegro Netherlands 28.0 23.4 17.6 30.9 100.0 Norway 9.5 36.5 22.3 31.8 100.0 Poland NAP 3.3 24.3 72.4 100.0 Portugal 0.6 12.0 27.8 59.6 100.0 Romania 22.7 2.3 13.8 61.2 100.0 Russian Federation San Marino Serbia (Republic of) 5.4 30.4 34.2 30.1 100.0 Slovak Republic 2.3 7.1 28.6 62.0 100.0 Slovenia 0.0 3.3 32.0 64.8 100.0 Spain (State Adm.) NAP NAP NA NA NA Spain (Catalonia) 11.7 8.7 29.4 50.1 100.0 Sweden 0.9 27.7 22.9 48.5 100.0 Switzerland NA NA NA NA NA the FYRO Macedonia 0.7 2.8 22.1 74.5 100.0 Turkey NA NA NA NA NA Ukraine NAP NAP NAP 100.0 100.0 UK: England and Wales 4.2 19.3 43.9 32.5 100.0 UK: Northern Ireland 19.6 5.2 34.6 40.5 100.0 UK: Scotland 0.7 8.3 27.5 63.5 100.0 Mean 7.8 20.4 27.2 53.7 Median 3.9 12.8 27.6 50.1 Minimum 0.0 0.0 5.7 0.0 Maximum 50.8 100.0 57.7 100.0
78 Notes Tables 9, 10, and 11 See notes to Table 8. In TABLE 11, when figures did not correspond to the categorization of the length of sentences used in the SPACE questionnaire, they were omitted in the calculations of the mean, median, as well as the minimum and maximum figures. Figure 2.b: Countries with the highest percentages of prisoners sentenced to less than one year Figure 2.b provides a classification of the countries with the highest percentages of prisoners serving short prison sentences (less than one year). This Figure includes the 21 countries whose percentages of prisoners sentenced to less than 1 year were above the European median value (17.1%). For more accurate comparisons, notes to Table 8 should be taken into account.
79 2. Prison Populations: Flow of Entries, Length of Imprisonment, Escapes and Deaths in 2008 Table 12.1: Flow of Entries to Penal Institutions in 2008 Country Entries to Penal Institutions Rate of Entries to Penal Institutions per 100,000 inhabitants Reference: Council of Europe, SPACE I 2009.12.1 Entries after the revocation, Entries before Final Sentence suspension or annulment of the conditional release or probation Number Percentage (%) Number Percentage (%) Albania 3 293 103.4 NA NA NA NA Andorra 71 84.0 30 42.3 6 8.5 Armenia NA NA NA Azerbaijan 8 447 94.9 1 705 20.2 NA NA Belgium 17 867 166.2 12 042 67.4 NA NA BH: Fed. BiH 2 942 103.2 627 21.3 0 0.0 BH: Republika Srpska 1 290 89.9 424 32.9 0 0.0 Bulgaria 27 136 356.7 23 596 87.0 NA NA Croatia 13 259 299.0 NA NA NA NA Cyprus 11 719 1 470.6 10 464 89.3 1 255 11 Czech Republic NA NA NA NA NA NA Denmark 14 197 257.6 9 891 69.7 4 306 30.3 Estonia NA NA NA NA NA NA Finland 7 321 137.4 1 930 26.4 NA NA France 89 055 138.5 51 115 57.4 NA NA Germany 103 325 126.0 43 489 42.1 NA NA Hungary 22 454 223.8 5 703 25.4 NA NA Iceland NA NA NA NA NA NA Ireland 13 806 310.2 5 218 37.8 NA NA Italy 92 800 154.6 87 073 93.8 NA NA Latvia 19 898 879.9 11 497 57.8 NA NA Liechtenstein 78 (219.2) 44 56.4 1 1.3 Lithuania 9 747 291.0 6 020 61.8 NA NA Luxembourg 1 133 229.6 562 49.6 7 0.6 Malta 573 138.5 399 69.6 NA NA Moldova 12 980 363.8 2 268 17.5 NAP NAP Monaco 160 516.1 118 73.8 0 0.0 Netherlands 41 905 254.2 18 713 44.7 NAP NAP Norway 12 401 258.4 3 181 25.7 NA NA Poland 89 987 236.0 23 934 26.6 NA NA Portugal 5 065 47.7 2 114 41.7 NA NA Romania 10 852 50.5 NA NA NA NA San Marino 13 (41.6) 10 (76.9) 0 (0.0) Serbia 23 263 317.2 9 907 42.6 0 0.0 Slovak Republic 5 123 94.7 1 666 32.5 NA NA Slovenia 3 251 160.0 914 28.1 NA NA Spain (State Adm.) 43 043 109.6 NA NA NA NA Spain (Catalonia) 6 809 91.1 5 423 79.6 41 0.6 Sweden 21 502 232.3 NA NA NA NA Switzerland 47 479 616.5 NA NA NA NA the FYRO Macedonia 4 433 216.4 657 14.8 NA NA Turkey NA NA NA NA 13 NA Ukraine NA NA NA NA 4 925 NA UK: England and Wales 134 148 244.8 81 728 60.9 NA NA UK: Northern Ireland 6 185 345.7 2 905 47.0 NA NA UK: Scotland 40 035 770.8 23 206 58.0 406 1.0 Mean 24 226 271.0 13 193 49.4 783 4.4 Median 12 060 221.5 4 200 45.8 7 0.6 Minimum 13 41.6 10 14.8 0 0.0 Maximum 134 148 1 470.6 87 073 93.8 4 925 30.3
80 Table 12.2: Additional categories of the Flow of Entries to Penal Institutions in 2008 Country Entries following transfer from one penal institution / prison to another in 2008 (inside the same country: including departments, cantons, regions, administrative entities) Entries following an escape, after re arrest by the police in 2008 Reference: Council of Europe, SPACE I 2009.12.2 Entries following transfer Entries following from a Member State of the transfer from a European Union to the foreign country in country in 2008 (even if the 2008 (Total) country is a member of the EU) Albania 271 2 106 76 Andorra 0 0 0 0 Armenia 3 236 7 19 Austria Azerbaijan 192 205 33 0 Belgium 12 809 181 NA NA BH: BiH (state level) BH: Fed. BiH 237 67 4 0 BH: Republika Srpska 118 25 8 5 Bulgaria 16 971 46 NA NA Croatia 2 987 9 4 2 Cyprus NAP 0 0 0 Czech Republic NA NA 16 14 Denmark NA NA NA NA Estonia NA NA NA NA Finland 6 212 195 21 20 France NA NA NA NA Georgia Germany 126 549 NA 98 68 Greece Hungary 11 849 0 NA NA Iceland Ireland 7 826 0 5 5 Italy 38 728 68 NA NA Latvia NA 18 7 4 Liechtenstein 0 0 1 EWR Lithuania 107 10 42 37 Luxembourg 147 26 1 1 Malta NAP NA 0 0 Moldova 9 327 NA NA NA Monaco NAP 0 4 3 Montenegro Netherlands 18 123 0 98 NA Norway 3 483 128 5 NA Poland 102 007 NA NA NA Portugal NA NA NA NA Romania 61 111 0 NA NA Russian Federation San Marino NAP 0 1 0 Serbia 1 013 178 55 NA Slovak Republic 16 933 1 9 NA Slovenia 577 33 13 NA Spain (State Adm.) 42 694 NA NA NA Spain (Catalonia) 8 839 4 8 2 Sweden NA NA NA NA Switzerland NA NA NA NA the FYRO Macedonia 308 135 11 5 Turkey NA NA NA NA Ukraine NA NA NA NA UK: England and Wales NA NA NA NA UK: Northern Ireland NA NA NA NA UK: Scotland 7 073 NA NA NA Mean 17 232 48 22 13 Median 6 212 10 8 3 Minimum 0 0 0 0 Maximum 126 549 205 106 76
81 Notes Tables 12.1 and 12.2 BELGIUM: Table 12.2: Entries following an escape, after re arrest by the police Since the definitions of the prison population and the one of the entries include electronic monitoring, the entries following an escape from detention under electronic monitoring are included under this heading. BULGARIA: Figures for these tables are comparable with three previous years data, but not with years before 2006. The reason is that before 2006 entries in detention facilities/pre trial detention have not been counted, only those in prisons. CYPRUS: Total number of entries in penal institutions in 2008 was 11,719, of which 2,372 were entries in prisons and 9,347 were entries in police stations. In the Table 12.1 the calculation is based on the totality of entries (prisons and police stations); Entries before final sentence were 10,464, of which 1,117 were entries in prison and 9,347 were entries in police stations. In the Table 12.1 are presented the result based on the totality of entries (to prisons and police stations). LIECHTENSTEIN: According to a treaty between Liechtenstein and Austria, long term prisoners usually serve their sentences in Austrian penal institutions. For this reason, rates are presented between brackets. NETHERLANDS: In the total number of entries were included only entries to penal institutions. Entries to the custodial clinics, institutions for juveniles and institutions for aliens were excluded from these figures. In this category are considered entries from free society and those from police stations into penal institutions; Entries before final sentence were included only entries to penal institutions. Entries to the custodial clinics, institutions for juveniles and institutions for aliens were excluded from these figures. In the number of entries transfer from one penal institution to another are included all transfers between all types of institutions. NORWAY: Entries following an escape, after re arrest by the police In this category are also included entries following absconds and failure to return. SAN MARINO: Under the Criminal Code (Art. 99), a person serving a sentence of at least six months imprisonment in San Marino may be transferred to a foreign penal institution, if the competent judge decides so, and if there is a relevant international agreement. These prisoners are not included in the San Marino statistics. For this reason, rate and percentage in Table 12.1 are presented between brackets. SPAIN (STATE LEVEL AND CATALONIA): Under the total number of entries are included only entries from free society. Any entry from another detention institution is not included in these figures.
82 SWITZERLAND: In the total number of entries are also included the transfers and entries after escapes with a length of more than 7 days; In the category of entries before final sentence are also included entries in anticipated serving of the sentence of imprisonment or measures. UK: ENGLAND AND WALES: In the total number of entries are included exclusively first receptions. UK: SCOTLAND: These figures count receptions not entries. Receptions are not equivalent to persons received. Where a person has several sentences imposed on him by one court in one day this is counted as one reception. However, where custodial sentences are imposed on the same person by 2 or more courts in one day, 2 or more receptions are counted. Where a person is reconvicted while serving, and a further custodial sentence is imposed on him, this too is regarded as a further reception.
83 Table 13.1: Indicator of Average Length of Imprisonment in 2008, based on the total number of days spent in penal institutions Country Total number of days spent in penal institutions in 2008 Average number of prisoners in 2008 Reference: Council of Europe, SPACE I 2009.13.1 Total number of entries to penal institutions in 2008 (Table 12) Indicator of average length of imprisonment (in months) (a) (b) = a / 366 (c) (d) = 12 (b/c) Albania NA NA 3 293 NA Andorra 70 0 71 0.0 Armenia NA NA Austria Azerbaijan 7 680 876 20 986 8 447 29.8 Belgium 3 633 766 9 928 17 867 6.7 BH: BiH (state level) BH: Fed. BiH 588 287 1 607 2 942 6.6 BH: Republika Srpska 207 857 568 1 290 5.3 Bulgaria NA NA 27 136 NA Croatia 1 641 306 4 484 13 259 4.1 Cyprus 57 556 157 11 719 0.2 Czech Republic 7 330 921 20 030 NA NA Denmark 1 288 414 3 520 14 197 3.0 Estonia NA NA NA NA Finland 1 286 990 3 516 7 321 5.8 France NA 89 055 NA Georgia Germany 26 924 537 73 564 103 325 8.5 Greece Hungary 5 971 768 16 316 22 454 8.7 Iceland NA NA NA NA Ireland 1 290 000 3 525 13 806 3.1 Italy NA NA 92 800 NA Latvia NA NA 19 898 NA Liechtenstein 3 913 11 78 1.6 Lithuania 2 842 255 7 766 9 747 9.6 Luxembourg 262 321 717 1 133 7.6 Malta 209 718 573 573 12.0 Moldova NA NA 12 980 NA Monaco 11 267 31 160 2.3 Montenegro Netherlands 4 395 330 12 009 41 905 3.4 Norway 1 206 270 3 296 12 401 3.2 Poland 23 573 520 64 409 89 987 8.6 Portugal 4 085 080 11 161 5 065 26.4 Romania 23 514 830 64 248 10 852 71.0 Russian Federation San Marino 939 3 13 2.4 Serbia 3 800 000 10 383 23 263 5.4 Slovak Republic NA NA 5 123 NA Slovenia 497 860 1 360 3 251 5.0 Spain (State Adm.) 22 147 470 60 512 43 043 16.9 Spain (Catalonia) 3 597 276 9 829 6 809 17.3 Sweden 2 334 276 6 378 21 502 3.6 Switzerland 2 110 429 5 766 47 479 1.5 the FYRO Macedonia 809 654 2 212 4 433 6.0 Turkey NA NA NA NA Ukraine NA NA NA NA UK: England and Wales NA NA 134 148 NA UK: Northern Ireland 550 055 1 503 6 185 2.9 UK: Scotland 2 842 266 7 766 40 035 2.3 Mean 9.1 Median 5.3 Minimum 0.0 Maximum 71.0
84 Notes Tables 13.1 As some countries did not provide data regarding the total number of days spent in penal institutions in 2008 heading (a) of Table 13.1 and other countries provided figures that did not seem reliable (see notes below), in Table 13.2 we have calculated an alternative indicator of the average length of imprisonment (in months) based on the total number of prisoners on 1 st September 2008, which is used as an estimate of the average number of prisoners during that year (source: SPACE I 2008). BELGIUM: Prisoners (without taking into account those under electronic surveillance): 3,633,766 days; Persons who served their sentence in 2008 under electronic surveillance: 218,999 days. BULGARIA: Total number of days is known only for pre trial detention facilities: 335,856 days. For prisons such figures are not available. CYPRUS: The total number of days spent in penal institutions is 57,556.03 days, of which 616.03 days spent in prisons, and 56,940 days spent in police stations. LIECHTENSTEIN: The indicator of average length of imprisonment should be used very cautiously, as other prisoners from Liechtenstein serve their sentences in Austrian prisons (see general notes). NETHERLANDS: Figures in this table refer only to the population in penal institutions. Institutions for juveniles, custodial clinics and institutions for aliens are excluded. The number of days spent in penal institutions only was 4,395,330. ROMANIA: The indicator of average length of imprisonment is quite high. This might be due to a calculation of the number of days spent in penal institutions which includes additional categories of penal populations which were excluded from the main raw data. A more reliable indicator for Romania is presented in Table 13.2. SAN MARINO: The average number of prisoners in 2008 year was 3 persons, but the number of entries is 939. Therefore it is better to refer to the indicator of average length of imprisonment used in the Table 13.2 for this country. See general notes.
85 Table 13.2: Indicator of Average Length of Imprisonment in 2008, based on the total number of prisoners in penal institutions on 1 st September 2008 Total number of prisoners on 1 st September 2008 (SPACE I 2008) Reference: Council of Europe, SPACE I 2009.13.2 Total number of entries to penal Indicator of average length of institutions in 2008 (Table 12) imprisonment (in moths) Country (a) (b) (c)=12(a/b) Albania 5041 3 293 18.4 Andorra 60 71 10.1 Armenia 3825 NA NA Austria 7899 Azerbaijan 20986 8 447 29.8 Belgium 10234 17 867 6.9 BH: BiH (state level) 19 BH: Fed. BiH 1568 2 942 6.4 BH: Republika Srpska 924 1 290 8.6 Bulgaria 10723 27 136 4.7 Croatia 4734 13 259 4.3 Cyprus 831 11 719 0.9 Czech Republic 20502 NA NA Denmark 3451 14 197 2.9 Estonia 3656 NA NA Finland 3531 7 321 5.8 France 66712 89 055 9.0 Georgia 19507 Germany 74706 103 325 8.7 Greece 11798 Hungary 15079 22 454 8.1 Iceland 140 NA NA Ireland 3523 13 806 3.1 Italy 55831 92 800 7.2 Latvia 6544 19 898 3.9 Liechtenstein 10 78 1.5 Lithuania 7744 9 747 9.5 Luxembourg 673 1 133 7.1 Malta 577 573 12.1 Moldova 7252 12 980 6.7 Monaco 34 160 2.6 Montenegro Netherlands 17113 41 905 4.9 Norway 3278 12 401 3.2 Poland 83152 89 987 11.1 Portugal 10807 5 065 25.6 Romania 27262 10 852 30.1 Russian Federation 887723 San Marino 2 13 1.8 Serbia 9510 23 263 4.9 Slovak Republic 8313 5 123 19.5 Slovenia 1318 3 251 4.9 Spain (State Adm.) 61939 43 043 17.3 Spain (Catalonia) 9839 6 809 17.3 Sweden 6853 21 502 3.8 Switzerland 5780 47 479 1.5 the FYRO Macedonia 2235 4 433 6.1 Turkey 99416 NA NA Ukraine 148339 NA NA UK: England and Wales 83194 134 148 7.4 UK: Northern Ireland 1523 6 185 3.0 UK: Scotland 8088 40 035 2.4 Mean 8.6 Median 6.6 Minimum 0.9 Maximum 30.1
86 Table 14: Escapes of prisoners in 2008 Country Number of escapes by prisoners in 2008 Total number of prisoners on 1 st September 2008, SPACE I 2008 Rate of escapes per 10,000 prisoners Reference: Council of Europe, SPACE I 2009.14 Rate of other Other forms of forms of escapes escapes in 2007 per 10,000 prisoners (a) (b) Albania 2 5041 4.0 2 4.0 Andorra 0 60 0.0 0 0.0 Armenia 3825 NA 3 7.8 Austria 7899 Azerbaijan 1 20986 0.5 4 1.9 Belgium 26 10234 25.4 627 612.7 BH: BiH (state level) 19 BH: Fed. BiH 0 1568 0.0 105 669.6 BH: Republika Srpska 4 924 43.3 13 140.7 Bulgaria 0 10723 0.0 145 135.2 Croatia 0 4734 0.0 67 141.5 Cyprus 2 831 24.1 0 0.0 Czech Republic 4 20502 2.0 23 11.2 Denmark 7 3451 20.3 98 284.0 Estonia 1 3656 2.7 0 0.0 Finland 14 3531 39.6 285 807.1 France 66712 NA NA Georgia 19507 Germany 8 74706 1.1 469 62.8 Greece 11798 Hungary 1 15079 0.7 NA Iceland 2 140 142.9 2 142.9 Ireland 3 3523 8.5 143 405.9 Italy 11 55831 2.0 98 17.6 Latvia 5 6544 7.6 13 19.9 Liechtenstein 0 10 0.0 0 0.0 Lithuania 1 7744 1.3 9 11.6 Luxembourg 673 NA 26 386.3 Malta 0 577 0.0 1 17.3 Moldova 0 7252 0.0 22 30.3 Monaco 0 34 0.0 0 0.0 Montenegro Netherlands 4 17113 2.3 684 399.7 Norway 8 3278 24.4 105 320.3 Poland 0 83152 0.0 447 53.8 Portugal 18 10807 16.7 160 148.1 Romania 0 27262 0.0 10 3.7 Russian Federation 887723 San Marino 0 2 0.0 0 0.0 Serbia 9 9510 9.5 384 403.8 Slovak Republic 0 8313 0.0 5 6.0 Slovenia 5 1318 37.9 60 455.2 Spain (State Adm.) 13 61939 2.1 618 99.8 Spain (Catalonia) 3 9839 3.0 270 274.4 Sweden NA 6853 NA NA NA Switzerland NA 5780 NA NA NA the FYRO Macedonia 61 2235 272.9 99 443.0 Turkey 7 99416 0.7 50 5.0 Ukraine 126 148339 8.5 42 2.8 UK: England and Wales 19 83194 2.3 658 79.1 UK: Northern Ireland 3 1523 19.7 51 334.9 UK: Scotland 0 8088 0.0 19 23.5 Mean 17.7 165.8 Median 2.1 58.3 Minimum 0.0 0.0 Maximum 272.9 807.1
87 Notes Table 14 (a) Escapes by prisoners (pre trial detainees or convicted prisoners) from a closed penal institution or during administrative transfer (2008); (b) Other forms of escape (from an open penal institution agricultural colony or other from semi detention, or during an authorised short term absence or leave, etc.) in 2008. The SPACE questionnaire specifies that the counting unit for this Table should be the escaped persons. Therefore, when no explicit notes were provided by the national correspondents, we assumed that this counting unit has been respected (i.e. the Table refers to persons and not cases of escape with several prisoners). ALBANIA: Point (A) Two convicted prisoners escaped from Burrel, a closed penal institution in 2008. ARMENIA: Point (B) Three convicted prisoners escaped together. AZERBAIJAN: Point (A) One escape had been done from a pre trial facility. Point (B) Four escapes had been perpetrated from institutions designed for serving prison sentences. The institutions concerned are open type settlements. DENMARK: Point (B) Fail to appear from leave are not included under this heading. FINLAND: Counting unit is case. One person may have escaped more often than once and all the cases are counted. IRELAND: Point (A) the 3 escapes referred to, are all minors and includes an incident where one minor escaped from his room onto the roof of his place of detention but he did not breach the perimeter. LITHUANIA: Point (B) Absence from any type of penal institution (including closed prisons) during authorized short term absence is not considered as an escape. Therefore, these data are not included in figures presented in this Table. LUXEMBOURG: Four fails to return after an authorised leave have not been included in this Table. NETHERLANDS: Figures refer to the population in the penal institutions. Other categories of institutions (for juveniles, for aliens and custodial clinics) are not considered in the figures of this Table. PORTUGAL: Point (B) Among 160 escapes 13 were from open institutions, 2 from semi detention, and 145 during the authorized leave. During 2008, 13,677 authorized leaves without supervision have been allowed.
88 SLOVENIA: Counting unit is case instead of person as asked in the questionnaire; Point (B) 15 of 60 escapes were recorded in Correctional Home for juveniles. SPAIN (CATALONIA): Point (B) From semi detention institutions 2, during an authorized leave 180, during programmed leaves 7, and breach of trust 81. UK: ENGLAND AND WALES: Point (B) The number of other forms of escape consists of absconds and temporary release failures. UK: NORTHERN IRELAND: Points (A) and (B) All escaped and absconded prisoners above were recaptured and returned to custody. UK: SCOTLAND: These figures are for financial rather calendar years (i.e. from 1 April 2008 to 31 March 2009); Counting unit is case instead of person as asked in the questionnaire.
89 Table 15.1: Deaths in Penal Institutions in 2008 (including suicides) Country Total number of deaths Number of suicides Suicides as a percentage of total deaths Reference: Council of Europe, SPACE I 2009.15.1 Total number of prisoners on 1 st September 2008, SPACE I 2008 Mortality rate per 10,000 prisoners Suicide rate per 10,000 prisoners Albania 27 3 11.1 5041 53.6 6.0 Andorra 0 0 0.0 60 0.0 0.0 Armenia 26 4 15.4 3825 68.0 10.5 Austria 7899 Azerbaijan 165 3 1.8 20986 78.6 1.4 Belgium 45 16 35.6 10234 44.0 15.6 BH: BiH (state level) 19 BH: Fed. BiH 10 0 0.0 1568 63.8 0.0 BH: Republika Srpska 7 1 14.3 924 75.8 10.8 Bulgaria 40 4 10.0 10723 37.3 3.7 Croatia 13 2 15.4 4734 27.5 4.2 Cyprus 1 0 0.0 831 12.0 0.0 Czech Republic 29 13 44.8 20502 14.1 6.3 Denmark 6 5 83.3 3451 17.4 14.5 Estonia 5 0 0.0 3656 13.7 0.0 Finland 9 4 44.4 3531 25.5 11.3 France NA NA NA 66712 NA NA Georgia 19507 Germany 162 67 41.4 74706 21.7 9.0 Greece 11798 Hungary 41 7 17.1 15079 27.2 4.6 Iceland NA NA NA 140 NA NA Ireland 11 1 9.1 3523 31.2 2.8 Italy 142 46 32.4 55831 25.4 8.2 Latvia 23 3 13.0 6544 35.1 4.6 Liechtenstein 0 0 0.0 10 0.0 0.0 Lithuania 26 10 38.5 7744 33.6 12.9 Luxembourg 1 0 0.0 673 14.9 0.0 Malta 0 0 0.0 577 0.0 0.0 Moldova 47 5 10.6 7252 64.8 6.9 Monaco 0 0 0.0 34 0.0 0.0 Montenegro Netherlands 29 12 41.4 17113 16.9 7.0 Norway 12 7 58.3 3278 36.6 21.4 Poland 135 39 28.9 83152 16.2 4.7 Portugal 68 7 10.3 10807 62.9 6.5 Romania 75 13 17.3 27262 27.5 4.8 Russian Federation 887723 San Marino 0 0 0.0 2 0.0 0.0 Serbia 69 12 17.4 9510 72.6 12.6 Slovak Republic 15 8 53.3 8313 18.0 9.6 Slovenia 7 3 42.9 1318 53.1 22.8 Spain (State Adm.) 267 19 7.1 61939 43.1 3.1 Spain (Catalonia) 57 7 12.3 9839 57.9 7.1 Sweden 8 5 62.5 6853 11.7 7.3 Switzerland 18 8 44.4 5780 31.1 13.8 the FYRO Macedonia 10 1 10.0 2235 44.7 4.5 Turkey 210 36 17.1 99416 21.1 3.6 Ukraine NA NA NA 148339 NA NA UK: England & Wales 165 60 36.4 83194 19.8 7.2 UK: Northern Ireland 5 1 20.0 1523 32.8 6.6 UK: Scotland NA NA NA 8088 NA NA Mean 21.9 32.2 6.6 Median 15.4 27.5 6.1 Minimum 0.0 0.0 0.0 Maximum 83.3 78.6 22.8
90 Table 15.2: Types of deaths and suicides in Penal Institutions in 2008 making reference to the categories included/excluded in the figures of the Table 15.1 Country Does data include detainees who died or committed suicide in hospital INSIDE prisons If yes, how many? Does data include detainees who died or committed suicide in COMMUNITY hospitals Reference: Council of Europe, SPACE I 2009.15.2 If yes, how many? Does data include deaths or suicides outside prison (e.g. during a prison leave or permission) Albania No *** No *** No *** Andorra No *** No *** No *** Armenia Yes NA Yes NA No *** Austria Azerbaijan Yes 107 No *** Yes 35 Belgium Yes NA No *** No *** BH: BiH (state level) BH: Fed. BiH Yes 1 Yes 0 Yes 0 BH: Republika Srpska NAP NAP Yes 6 Bulgaria Yes 5 Yes 6 Yes 15 Croatia Yes 6 No *** No *** Cyprus No *** No *** No *** Czech Republic Yes 2 Yes 0 Yes 0 Denmark Yes NA No *** No *** Estonia Yes 2 No *** No *** Finland Yes NA Yes NA Yes NA France NA NA NA Georgia Germany Yes NA Yes NA Yes NA Greece Hungary Yes 17 Yes 2 No *** Iceland Yes NA NA No *** Ireland No *** Yes NA No *** Italy Yes NA Yes NA No *** Latvia Yes 16 Yes 3 No *** Liechtenstein No *** No *** No *** Lithuania Yes 12 Yes 4 Yes 0 Luxembourg No *** No *** No *** Malta Yes 0 Yes 0 No *** Moldova Yes 45 Yes 1 Yes 1 Monaco No *** No *** No *** Montenegro Netherlands Yes NA Yes NA Yes NA Norway Yes NA Yes NA Yes NA Poland Yes 43 Yes 21 No *** Portugal Yes NA Yes NA No *** Romania Yes 36 Yes 12 Yes 0 Russian Federation San Marino Yes 0 Yes 0 Yes 0 Serbia Yes 9 No *** Yes 3 Slovak Republic Yes 0 Yes 0 Yes 0 Slovenia No *** Yes 1 No *** Spain (State Adm.) Yes 2 Yes 0 Yes 42 Spain (Catalonia) Yes 19 Yes 22 Yes 16 Sweden Yes NA Yes NA Yes NA Switzerland Yes NA Yes NA Yes NA the FYRO Macedonia Yes 1 Yes 3 Yes 5 Turkey Yes 50 Yes 114 Yes 3 Ukraine UK: England and Wales Yes NA Yes NA No *** UK: Northern Ireland Yes 1 Yes 1 No *** UK: Scotland NA NA NA If yes, how many?
91 Notes Tables 15.1 and 15.2 AZERBAIJAN: 107 persons died in penitentiary clinics (inside penal institutions). BH: REPUBLIKA SRPSKA: All the deaths in 2008 occurred outside penal institutions. CZECH REPUBLIC: The total amount of suicides (this number also includes such cases of death that occurred not immediately after a suicide attempt but after some time the death was a consequence of a suicide attempt) was 13 in 2008. Of which, 5 were committed in the cell, 3 in an Emergency (crisis) Department, 2 in prison hospitals, 1 in a Specialized Unit, 1 at the toilet of the admission department, and 1 in a room used for sport activities. NETHERLANDS: Figures refer to the population in the penal institutions. Other categories of institutions (for juveniles, for aliens and custodial clinics) are not considered in the figures of these Tables. NORWAY: Suicide is defined in accordance with the Nordisk Statistisk registration rules. If an inmate injures himself in prison and later dies of these injuries outside of the prison (i.e. in or on the way to hospital) then the incident is registered as in prison. Cases of overdose are not included unless there are clear indications that the act was intentional;
92 Table 16: Average amount spent per day of detention of one person in penal institutions in 2008 (in ) Country Average amount spent per day for the detention of one person in pre trial detention Average amount spent per day for the detention of one person in correctional facility Average amount spent per day for the detention of one person in the special facility/section for persons with psychotic or psychological disorders Total number of days spent in penal institutions in 2008 Number of days in pre trial detention in 2008 Total average number of prisoners in 2008 Average number of pre trial detainees in 2008 Average amount per prisoner (pretrial, sentenced and mentally ill offenders) Reference: Council of Europe, SPACE I 2009.16 Average amount per prisoner (pretrial & sentenced) Average amount spent for all prisoners in 2008 (thousands) (a) (b) (c) (d) (e) (f) =(d)/366 (g) =(e)/366 (h) = Mean (a, b, c) (i) =Mean (a, b) (j) =(f)*(h) Albania 9 9 17 NA NA NA NA 12 9 NA Andorra 10.95 10.95 70 30 0.2 0.1 11 11 2.1 Armenia 6 7 NA NA 7 7 NA Austria Azerbaijan 8.79 8.79 8.79 7 680 876 882 792 20 986.0 2 412.0 9 9 184 466.9 Belgium NA NA NA 3 633 766 1 273 798 9 928.3 3 480.3 NA NA NA BH: BiH (state level) BH: Fed. BiH 36 36 36 588 287 108 507 1 607.3 296.5 36 36 57 864.3 BH: Republika Srpska 20 20 NA 207 857 50 252 567.9 137.3 20 20 11 358.3 Bulgaria 2.40 2.41 102.61 NA 335 856 NA 917.6 36 2 NA Croatia 41.8 41.8 41.8 1 641 306 NA 4 484.4 NA 42 42 187 449.7 Cyprus 64 64 NA 57 556 57 057 157.3 155.9 64 64 10 064.4 Czech Republic 33 33 33 7 330 921 864 703 20 029.8 2 362.6 33 33 660 984.7 Denmark 135.88 209.89 367.14 1 288 414 437 672 3 520.3 1 195.8 238 173 836 542.1 Estonia NA NA NA NA NA NA NA NA NA NA Finland NA 148 226 1 286 990 NA 3 516.4 NA 187 148 657 560.5 France NA NA NA NA NA Georgia Germany 94.41 94.41 94.41 26 924 537 NA 73 564.3 NA 94 94 6 945 206.4 Greece Hungary NA NA NA 5 971 768 NA 16 316.3 NA NA NA NA Iceland 30.14 30.14 34.14 NA NA NA NA 31 30 NA Ireland 253 253 253 1 290 000 NA 3 524.6 NA 253 253 891 721.3 Italy 121.25 NA NA NA NA NA 121 121 NA Latvia 20.93 20.93 20.93 NA 6 516 NA 17.8 21 21 NA Liechtenstein 215 215 NAP 3 913 394 10.7 1.1 215 215 2 298.6
93 Country Average amount spent per day for the detention of one person in pre trial detention Average amount spent per day for the detention of one person in correctional facility Average amount spent per day for the detention of one person in the special facility/section for persons with psychotic or psychological disorders Total number of days spent in penal institutions in 2008 Number of days in pre trial detention in 2008 Total average number of prisoners in 2008 Average number of pre trial detainees in 2008 Average amount per prisoner (pretrial, sentenced and mentally ill offenders) Average amount per prisoner (pretrial & sentenced) Average amount spent for all prisoners in 2008 (thousands) (a) (b) (c) (d) (e) (f) =(d)/366 (g) =(e)/366 (h) = Mean (a, b, c) (i) =Mean (a, b) (j) =(f)*(h) Lithuania 18.35 19.14 NAP 2 842 255 634 370 7 765.7 1 733.3 19 19 145 568.5 Luxembourg 157.13 157.13 NAP 262 321 716.7 0.0 157 157 112 618.8 Malta NA NA NA 209 718 146 034 573.0 399.0 NA NA NA Moldova 3.84 4.33 NAP NA NA NA NA 4 4 NA Monaco NAP 38.73 NAP 11 267 4 805 30.8 13.1 39 39 1 192.3 Montenegro Netherlands 202.32 203.93 266.78 4 395 330 2 016 260 12 009.1 5 508.9 224 203 2 694 161.2 Norway 168 168 NAP 1 206 270 267 011 3 295.8 729.5 168 168 553 697.7 Poland 21.65 NA NA 23 573 520 NA 64 408.5 NA 22 22 1 394 444.6 Portugal 44.43 44.43 NA 4 085 080 796 065 11 161.4 2 175.0 44 44 495 901.9 Romania NA 22 NAP 23 514 830 2 403 572 64 248.2 6 567.1 22 22 1 413 459.7 Russian Federation San Marino 700 700 NAP 939 552 2.6 1.5 700 700 1 795.9 Serbia 15 10 35 3 800 000 800 000 10 382.5 2 185.8 20 13 207 650.3 Slovak Republic 41.49 41.49 41.49 NA NA NA NA 41 41 NA Slovenia 64 64 64 497 860 112 785 1 360.3 308.2 64 64 87 057.5 Spain (State Adm.) 51.85 51.85 NA 22 147 470 5 548 846 60 512.2 15 160.8 52 52 3 137 558.3 Spain (Catalonia) 78 78 78 3 597 276 859 886 9 828.6 2 349.4 78 78 766 632.6 Sweden 200 200 NA 2 334 276 623 464 6 377.8 1 703.5 200 200 1 275 560.7 Switzerland NA NA NA 2 110 429 649 229 5 766.2 1 773.8 NA NA NA the FYRO Macedonia 6.05 6.38 809 654 82 289 2 212.2 224.8 6 6 13 748.6 Turkey 8.58 8.58 8.58 NA NA NA NA 9 9 NA Ukraine NA NA NA NA NA NA NA NA NA NA UK: England & Wales NA 129.4 NA NA NA NA NA 129 129 NA UK: Northern Ireland 255.2 255.2 NAP 550 055 NA 1 502.9 NA 255 255 383 535.6 UK: Scotland 99 99 NAP 2 842 266 616 115 7 765.8 1 683.4 99 99 768 809.7 Mean 92 95 96 12 973.8 1 910.5 97.0 92.6 824 100.5 Median 42 42 42 4 484.4 1 056.7 41.8 41.8 383 535.6 Minimum 2 2 9 0.2 0.0 4.1 2.4 2.1 Maximum 700 700 367 73 564.3 15 160.8 700.0 700.0 6 945 206.4
94 Notes Table 16 Data presented in this Table are not necessarily comparable across countries. Indeed, no indications were provided on the items (meals, services, cleaning etc.) included in the total amounts shown in the Table. Moreover, the purchasing power varies widely across Europe. Thus, these data should be used very carefully. AZERBAIJAN: The amounts have been converted by the authors of the report. In national currency (manat) is 9.96. CROATIA: In prisons, no separate determination of the amounts is made for costs of pre trial detainees and sentenced prisoners. Therefore, the amounts presented in this Table are the same for three categories of prison populations (41.8 ). DENMARK: The average amount spent per day for the detention of one person in correctional facility is 209.89. This amount varies as follow: in open prisons is of 155.33 /day per prisoner and in closed prison is 264.44 /day per prisoner. GERMANY: The amounts included in this Table represent the average amount altogether spent per day of one person in a penal institution. IRELAND: Point (a) 253 for adults, and 1,343 for juveniles; Point (b) 253 for adults, and 1,343 for juveniles. The figures included in this Table represent the overall cost of an available staffed prison space during the calendar year 2008. It is not possible to provide separate figures in respect of the detention of pre trial detainees, or persons with psychotic or psychological disorders. ITALY: The average daily cost of one prisoner in 2009 was of 121.25, but the breakdown by specific categories of prison populations is not available. LATVIA: The amount spent per day (20.93 ) for the detention of one person in the special facility/section for persons with psychotic or psychological disorders does not include medicine costs. LUXEMBOURG: As the pre trial detainees and sentenced prisoners are held in the same place, the coasts applied to ensure their detention are the same. MONACO: The Monaco s Arrest House, the only detention facility in the Principality of Monaco, is designed for pre trial detention and for detention of persons serving short prison sentences. Exceptionally, it may be the place of detention of prisoners sentenced to long prison terms. This is an important element to be considered in comparisons.
95 NORWAY: Convicted persons and remand prisoners are held in the same institutions. Therefore there is no differentiation of the coasts applied. PORTUGAL: The average amount presented in this Table had been applied in 2007, and refers to the coast of the detention for pre trial detainees as well as for sentenced prisoners. TURKEY: The amount presented in this Table is calculated on the basis of national currency (19 Turkish Liras/day per prisoner). UK: ENGLAND AND WALES: The amount presented in this Table is calculated on the basis of national currency ( 113/day per prisoner). UK: NORTHERN IRELAND: The amount presented in this Table is calculated on the basis of national currency. Amounts given are based on an average cost per prisoner place, per day, for the period between 1 st April 2008 and 31 st March 2009 and are for all prisoner types sentenced and remand ( 222.85/day, which corresponds to 255.2 ). UK: SCOTLAND: It is not directly possible to calculate the cost of pre trail detention. Figures have been produced using the annual cost of holding one prisoner in custody in 2008.
96 3. Prison Staff Table 17: Full time and Part time Staff working in Penal Institutions on 1 st September 2009 on the basis of Full time equivalents (numbers) Reference: Council of Europe, SPACE I 2009.17 Country Total National prison administration (Head Office) Regional prison administration offices Other staff employed by PA, working outside penal institutions Total number of staff working INSIDE penal institutions Executives (managers) of penal institutions Custodial staff Medical and paramedical staff Staff responsible for assessment and the psychologists Staff responsible for education activities (including social workers, teachers / educators, etc.) Staff responsible for workshops or vocational training Other staff (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) Albania 3 822 181 272 18 3 351 21 2 835 213 22 104 4 152 Andorra 64 3 0 0 75 3 61 5 2 3 1 0 Armenia 2 182 224 310 0 1 648 55 1 241 161 33 63 0 95 Austria Azerbaijan 3 681 169 352 918 2 242 296 775 222 7 201 106 635 Belgium 8 645.13 76.75 3 480.1 8 085.28 793.35 6 316.77 174.1 346.11 51.3 344.2 59.45 BH: BiH (state level) BH: Fed. BiH 920 NA NA NA 920 11 620 30 30 7 34 188 BH: Republika Srpska 764 6 0 0 758 6 423 15 40 35 140 99 Bulgaria 4 382 96 122 0 4 164 141 2 919 161 631 0 0 312 Croatia 2 597 43 NAP NAP 2 554 111 1 496 114 7 144 266 416 Cyprus 439 NAP NAP NAP 439 14 388 12 NAP NAP 25 NAP Czech Republic 10 901.7 182.5 NAP 6 120.5 4 598.7 103.0 2 478.5 467.0 1 208.2 33.0 309.0 Denmark 4782 226 336 717 3503 49 2615 138 NA 73 430 197 Estonia 1 960 30 0 4 1 926 19 879 134 20 38 4 832 Finland 2 998 89 48 NAP 2 861 76 1 661 189 263 232 440 France 33 306.2 449.1 2 950.0 270.9 29 636.2 314.4 23 088.4 NA NA 2 849.9 183.1 3 200.4 Georgia Germany 37 174 NAP 490 0 36 684 445 27 016 257 576 1 647 2 250 4 493 Greece Hungary 7 843 176 0 160 7 507 64 3 237 565 30 347 253 3 008
97 Country Total National prison administration (Head Office) Regional prison administration offices Other staff employed by PA, working outside penal institutions Total number of staff working INSIDE penal institutions Executives (managers) of penal institutions Custodial staff Medical and paramedical staff Staff responsible for assessment and the psychologists Staff responsible for education activities (including social workers, teachers / educators, etc.) Staff responsible for workshops or vocational training Other staff (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) Iceland Ireland 4 400 130 460 20 3 790 93 2 960 155 21 254 256 88 Italy 48 054 1 278 1 170 1 789 43 817 291 41 512 987 2 1 922 42 1 723 Latvia 3004.5 104 0 0 2900.5 42 1416 139.5 14 27 4 1258 Liechtenstein 16 0 0 0 16 1 15 2 0 3 0 0 Lithuania 3 742 89 NAP 283 3 370 57 2 018 320 35 212 12 716 Luxembourg 406.5 4 0 0 402.5 5 292 8.5 5 24 33.5 34.5 Malta 210 NA NA 2 208 4 199 21 3 21 NA 4 Moldova 3418.5 125 3293.5 NAP 3418.5 46 2105 296 38 123 NAP 810.5 Monaco 48 0 0 0 48 2 32 3 1 0 1 10 Montenegro Netherlands 12 595.27 299.09 814.82 893.31 10 588.05 148.14 6 776.52 345.31 59.94 309.95 767.79 2 180.42 Norway 3 200 30 105 0 3 065 83 2 199 463 320 Poland 29 116 376 400 NAP 28 340 1 697 15 645 1 845 NA 643 NA 8 510 Portugal 5 899 26 NAP 525 5 348 NAP 4 148 NA NA 474 NA 726 Romania 12 046 246 NAP 465 11 335 740 3 166 714 94 406 33 6 182 Russian Federation San Marino 7 NAP NAP NAP 7 1 6 1 0 0 0 0 Serbia 3 993 37 0 0 3 956 29 2 186 239 36 251 584 631 Slovak Republic 5 165 129 5 036 NAP 5 165 63 4 603 225 39 224 11 0 Slovenia 836 31 NAP NAP 805 24 497 12 8 63 97 104 Spain (State Adm.) 24 452 361 8 3 304 20 787 357 15 652 961 1 376 NA 448 1 993 Spain (Catalonia) 5 162 214 NAP NAP 4 948 59 3 192 265 122 732 128 450 Sweden 6 911 259 222 373 6 057 264 4 351 114 24 254 336 714 Switzerland NA NA NA NA NA NA NA NA NA NA NA NA the FYRO Macedonia 766 10 NAP NAP 756 36 481 26 17 51 46 99 Turkey 27299 305 NA NA 26170 824 NA 281 NA NAP Ukraine 46659 295 1404 NAP 44960 651 22731 3725 2289 4091 11473 UK: England and Wales 52 582 3 869 471 346 47 896 2 208 33 848 629 906 358 4 155 6 138 UK: Northern Ireland 2 317 187 132 44 1 954 216 1 478 71 31 27 56 68 UK: Scotland
98 Notes Table 17 ANDORRA: Point (a) In the total number of staff 14 persons are included, who are part time employees. In full time equivalents (FTE) the total number is lesser than the sum of the distribution under different categories included in this Table. AZERBAIJAN: Point (h) Under this heading are included staff employed by the General Medical Directorate of the Ministry of Justice. Point (j) Among the 201 persons included under this heading, 43 of them are external teachers (not employed by the Prison Administration). Point (k) All the staff included under this heading is external staff (not employed by the Prison Administration). BULGARIA: Figures presented in this Table are real working employees (4,382 persons). The total number of staff positions is 4,708, but 326 places of them are vacant. CYPRUS: Point (h) are counted medical staff and prison warders; Psychologists, social workers and educators are not employed by the Prison Administration. CZECH REPUBLIC: Point (f) Under this heading have been counted prison directors and their deputies; Point (g) Are included head of department, prison guards; Point (i) and (j) These categories of staff are counted together: staff responsible for assessment and education; teachers, educators, therapists, pedagogues, psychologist, social workers; Point (e) Under this heading are counted priests and chaplains, guards responsible for service dogs, prevention (internal prison inspection). DENMARK: Point (c) Staff in regional Penal Institutions Administration offices. FINLAND: Point (i) and (j) These categories of staff are counted together. It s impossible to keep these categories separated in the statistics. FRANCE: Point (c) National School of Penitentiary Administration and the Penitentiary Employment Service are included as well; Point (e) In this category are also included probation staff. GERMANY: Point (h) Under this heading only medical staff in counted. No special data of paramedical staff is available; insofar staff is included under the point (g) of the Table. HUNGARY: Point (d) 160 (including the number of staff of the Prison Service Training Centre, Prison Service Training and Recreation Centre, Prison Service Department at the Police College.
99 ITALY: Point (h) Are included 883 healthcare staff employed under special contracts, paid by the Penitentiary Administration. These staff performs their duties in the Regions with Special Statute, namely in Friuli Venezia Giulia, Valle d'aosta, Trentino Alto Adige, Sicilia and Sardegna. LIECHTENSTEIN: Under points (b), (c) and (d) there are no staff presented. This is due to the fact that staff employed is shared between custodial and police duties. The detention units are located in the same building with the police station. LITHUANIA: In this table the distribution presents the figures on full and part time employees of the Prison Administration. Staff working in penal institutions but not directly employed by the Prison Administration have not been accounted. All the figures of the Table are on 1 st July 2009. LUXEMBOURG: Point (b) In this category is also included Public Prosecutor delegate; Pont (e) Under this heading are counted 7 engineers in charge with the maintenance of the buildings, 12 officials, 5 employees in charge with administrative works. Total authorized staff in both penitentiary centres (Givenich and Luxembourg). MALTA: Staff included under points (h) and (i) work on a part time basis. MONACO: Point (i) The person included under this point is actually employed as a custodian (already included under point (g)), but who performs vocational training tasks as well. NORWAY: Point (f) Under this heading are counted prison governors, assistant governors and deputy governors. Points (h) to (k) Most of the treatment and educational tasks are performed by imported services (not included in these points). The 87 persons however are directly employed by The Correctional Service to execute specified tasks. For administrative reasons (e.g. salary scales) some of these have the same formal title as custodial staff. POLAND: Figures for this Table are on 30 th September 2009 instead of 1 st September 2009 PORTUGAL: Figures for this Table are on 31 st December 2009 instead of 1 st September 2009 ROMANIA: Figures presented in this Table include as well staff working in three Reeducation Centres for Juveniles. SLOVENIA: Figures for this Table are on 31 st December 2009 instead of 1 st September 2009
100 SPAIN (STATE ADMINISTRATION): Point (c) In SPACE I 2007, data in this point referred to civil servants working as administrative staff inside prisons. Nevertheless, it is more accurate to exclude this category, as regional Head Offices do not exist within Spanish Penitentiary Administration. This year only regional directors are included. Point (d) Staff employed for administrative tasks. Point (f) in this category are included only executives. Point (i) Under this heading are counted staff evolved in treatment programs: lawyers, psychologists, educators, social workers etc. Point (j) Teachers are managed directly by autonomous communities. Point (k) Staff evolved in penitentiary training programs and training for preparing further employment. UK: ENGLAND AND WALES: Figures for this Table are on 30 th June 2009 instead of 1 st September 2009 UK: NORTHERN IRELAND: Point (e) There is a difference of 7 persons between the figure provided under Point (e) and the sum of points from (f) to (l). This could be due to late notification of leavers/ new entrants which did not appear on the monthly statistics for September 2009 but appear on the grade lists produced to complete this section.
101 Table 18.1: Full time and Part time Staff working in Penal Institutions on 1 st September 2009 on the basis of Full time equivalents (percentages) Country Total number Total percentage National prison administratio n (Head Office) Reference: Council of Europe, SPACE I 2009.18.1 Other staff Total number Regional employed by of staff prison PA, working working administratio outside penal INSIDE penal n offices institutions institutions Albania 3 822 100.0 4.7 7.1 0.5 87.7 Andorra 64 (121.9) 4.7 0.0 0.0 117.2 Armenia 2 182 100.0 10.3 14.2 0.0 75.5 Austria Azerbaijan 3 681 100.0 4.6 9.6 24.9 60.9 Belgium 8 645.13 100.0 0.9 0.0 5.6 93.5 BH: BiH (State level) BH: Fed. BiH 920 100.0 BH: Republika Srpska 764 100.0 0.8 0.0 0.0 99.2 Bulgaria 4 382 100.0 2.2 2.8 0.0 95.0 Croatia 2 597 100.0 1.7 0.0 0.0 98.3 Cyprus 439 100.0 0.0 0.0 0.0 100.0 Czech Republic 10 901.7 100.0 1.7 0.0 56.1 42.2 Denmark 4782 100.0 4.7 7.0 15.0 73.3 Estonia 1 960 100.0 1.5 0.0 0.2 98.3 Finland 2 998 100.0 3.0 1.6 0.0 95.4 France 33 306.2 100.0 1.3 8.9 0.8 89.0 Georgia Germany 37 174 100.0 0.0 1.3 0.0 98.7 Greece Hungary 7 843 100.0 2.2 0.0 2.0 95.7 Iceland Ireland 4 400 100.0 3.0 10.5 0.4 86.1 Italy 48 054 100.0 2.7 2.4 3.7 91.2 Latvia 3004.5 100.0 3.5 0.0 0.0 96.5 Liechtenstein 16 100.0 0.0 0.0 0.0 100.0 Lithuania 3 742 100.0 2.4 0.0 7.6 90.1 Luxembourg 406.5 100.0 1.0 0.0 0.0 99.0 Malta 210 100.0 1.0 99.0 Moldova 3418.5 (103.7) 3.7 0.0 100.0 Monaco 48 100.0 0.0 0.0 0.0 100.0 Montenegro Netherlands 12 595.27 100.0 2.4 6.5 7.1 84.1 Norway 3 200 100.0 0.9 3.3 0.0 95.8 Poland 29 116 100.0 1.3 1.4 0.0 97.3 Portugal 5 899 100.0 0.4 0.0 8.9 90.7 Romania 12 046 100.0 2.0 0.0 3.9 94.1 Russian Federation San Marino 7 100.0 0.0 0.0 0.0 100.0 Serbia 3 993 100.0 0.9 0.0 0.0 99.1 Slovak Republic 5 165 (102.5) 2.5 0.0 100.0 Slovenia 836 100.0 3.7 0.0 0.0 96.3 Spain (State Adm.) 24 452 100.0 1.5 0.0 13.5 85.0 Spain (Catalonia) 5 162 100.0 4.1 0.0 0.0 95.9 Sweden 6 911 100.0 3.7 3.2 5.4 87.6 Switzerland NA the FYRO Macedonia 766 100.0 1.3 0.0 0.0 98.7 Turkey 27299 (97.0) 1.1 95.9 Ukraine 46659 100.0 0.6 3.0 0.0 96.4 UK: England and Wales 52 582 100.0 7.4 0.9 0.7 91.1 UK: Northern Ireland 2 317 100.0 8.1 5.7 1.9 84.3 UK: Scotland Mean 2.5 2.4 3.9 91.8 Median 2.0 0.0 0.0 95.8 Minimum 0.0 0.0 0.0 42.2 Maximum 10.3 14.2 56.1 100.0
102 Table 18.2: Full time and Part time Staff working INSIDE Penal Institutions on 1 st September 2009 on the basis of Full time equivalents (percentages) Country Total number of staff working INSIDE penal institutions sum % % Executives (managers) of penal institutions % Custodial staff % Medical and paramedical staff Reference: Council of Europe, SPACE I 2009.18.2 % Staff responsible for assessment and the psychologists % Staff responsible for education activities % Staff responsible for workshops or vocational training Albania 3 351 100.0 0.6 84.6 6.4 0.7 3.1 0.1 4.5 Andorra 75 100.0 4.0 81.3 6.7 2.7 4.0 1.3 0.0 Armenia 1 648 100.0 3.3 75.3 9.8 2.0 3.8 0.0 5.8 Azerbaijan 2 242 100.0 13.2 34.6 9.9 0.3 9.0 4.7 28.3 Belgium 8 085.28 100.0 9.8 78.1 2.2 4.3 0.6 4.3 0.7 BH: Fed. BiH 920 100.0 1.2 67.4 3.3 3.3 0.8 3.7 20.4 BH: Rep. Srpska 758 100.0 0.8 55.8 2.0 5.3 4.6 18.5 13.1 Bulgaria 4 164 100.0 3.4 70.1 3.9 15.2 0.0 0.0 7.5 Croatia 2 554 100.0 4.3 58.6 4.5 0.3 5.6 10.4 16.3 Cyprus 439 100.0 3.2 88.4 2.7 0.0 0.0 5.7 0.0 Czech Republic 4 598.7 100.0 2.2 53.9 10.2 26.3 0.7 6.7 Denmark 3503 100.0 1.4 74.7 3.9 NA 2.1 12.3 5.6 Estonia 1 926 100.0 1.0 45.6 7.0 1.0 2.0 0.2 43.2 Finland 2 861 100.0 2.7 58.1 6.6 0.0 9.2 8.1 15.4 France 29 636.2 100.0 1.1 77.9 NA NA 9.6 0.6 10.8 Germany 36 684 100.0 1.2 73.6 0.7 1.6 4.5 6.1 12.2 Hungary 7 507 100.0 0.9 43.1 7.5 0.4 4.6 3.4 40.1 Iceland NA NA NA NA NA NA NA NA NA Ireland 3 790 (101.0) 2.5 78.1 4.1 0.5 6.7 6.8 2.3 Italy 43 817 (106.1) 0.7 94.7 2.3 0.0 4.4 0.1 3.9 Latvia 2900.5 100.0 1.4 48.8 4.8 0.5 0.9 0.1 43.4 Liechtenstein 16 (131.3) 6.3 93.8 12.5 0.0 18.8 0.0 0.0 Lithuania 3 370 100.0 1.7 59.9 9.5 1.0 6.3 0.4 21.2 Luxembourg 402.5 100.0 1.2 72.5 2.1 1.2 6.0 8.3 8.6 Malta 208 (121.2) 1.9 95.7 10.1 1.4 10.1 NA 1.9 Moldova 3418.5 100.0 1.3 61.6 8.7 1.1 3.6 0.0 23.7 Monaco 48 102.1 4.2 66.7 6.3 2.1 0.0 2.1 20.8 Netherlands 10 588.05 100.0 1.4 64.0 3.3 0.6 2.9 7.3 20.6 Norway 3 065 100.0 2.7 71.7 0.0 0.0 0.0 15.1 10.4 Poland 28 340 100.0 6.0 55.2 6.5 NA 2.3 NA 30.0 Portugal 5 348 100.0 0.0 77.6 NA NA 8.9 NA 13.6 Romania 11 335 100.0 6.5 27.9 6.3 0.8 3.6 0.3 54.5 San Marino 7 (114.3) 14.3 85.7 14.3 0.0 0.0 0.0 0.0 Serbia 3 956 100.0 0.7 55.3 6.0 0.9 6.3 14.8 16.0 Slovak Republic 5 165 100.0 1.2 89.1 4.4 0.8 4.3 0.2 0.0 Slovenia 805 100.0 3.0 61.7 1.5 1.0 7.8 12.0 12.9 Spain (State Adm.) 20 787 100.0 1.7 75.3 4.6 6.6 NA 2.2 9.6 Spain (Catalonia) 4 948 100.0 1.2 64.5 5.4 2.5 14.8 2.6 9.1 Sweden 6 057 100.0 4.4 71.8 1.9 0.4 4.2 5.5 11.8 Switzerland NA NA NA NA NA NA NA NA NA the FYROM 756 100.0 4.8 63.6 3.4 2.2 6.7 6.1 13.1 Turkey 26170 3.1 NA 1.1 NA 0.0 Ukraine 44960 100.0 1.4 50.6 8.3 5.1 9.1 25.5 UK: Engl. & Wales 47 896 (100.7) 4.6 70.7 1.3 1.9 0.7 8.7 12.8 UK: North. Ireland 1 954 (99.6) 11.1 75.6 3.6 1.6 1.4 2.9 3.5 UK: Scotland Mean 3.3 67.9 5.3 2.5 4.7 4.7 14.0 Median 2.2 70.4 4.6 1.0 4.2 3.4 11.8 Minimum 0.0 27.9 0.0 0.0 0.0 0.0 0.0 Maximum 14.3 95.7 14.3 26.3 18.8 18.5 54.5 % Other staff
103 Notes Tables 18.1 and 18.2 In Table 18.1, there are three cases (ANDORRA, MOLDOVA and SLOVAK REPUBLIC) in which the total percentage of the staff is higher than 100 and one country where the total does not reach 100% (TURKEY). These data are presented between brackets. In Table 18.2 the total percentage of staff working inside penal institutions is higher than 100% in five countries: IRELAND, ITALY, LIECHTENSTEIN, MALTA and SAN MARINO. These data are presented between brackets. In both cases, some of these inconsistencies have been explained by the national correspondents (see notes to Table 17). Figure 3: Percentages of staff working INSIDE penal institutions (1 st September 2009) classified on the basis of the custodial staff Countries with more than 50% of custodial staff